Argentina Market Research (2015)
Argentina Market Research (2015)
11/6/2015
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• Market Overview
• Market Challenges
• Market Opportunities
• Market Entry Strategy
• The U.S. exported $10.8 billion in goods to Argentina in 2014 and purchased
$4.4 billion. In services, the U.S. exported $7.1 billion and Argentina sold $1.9
billion. The U.S. supplies raw materials, intermediate goods, and capital goods
to feed Argentina’s industrial sector while Argentina exports food, wine, and
agricultural products as well as intermediate goods.
• About 90 percent of U.S. exports to Argentina are used in local industry and
agriculture such as computers, industrial and agricultural chemicals, agricultural
and transportation equipment, machine tools, parts for oil field rigs, and refined
fuel oil. Argentine exports include goods like wine, fruit juices, crude oil, and
intermediate goods like seamless pipe, tubes, and other iron-based products.
• U.S. firms operating in Argentina impact the Argentine economy and society
positively and are widely respected for their corporate governance, the quality of
the work environment they provide to their Argentine employees, their
transparency, and their work in corporate social responsibility.
• Slowing economic growth, import and foreign exchange restrictions, and sharply
lower prices for Argentina’s principal exports (soy products and corn) make the
outlook for the Argentine economy uncertain in 2015, with growth estimates of
slightly negative to 3 percent.
• Inflation estimated at 30+ percent in 2014 and 20-24 percent in 2015 `by private
economists has raised costs and resulted in a more challenging business
environment, especially as the real effective exchange rate has significantly
appreciated since a January 2014 devaluation.
• All importers must request approval from the Argentine Tax and Customs
Authority (AFIP) prior to making each purchase for import and, separately, to
purchase the foreign currency to pay for it. The GOA’s policy of tying approvals
to changes in the trade balance and foreign exchange levels has added to
uncertainty. The U.S., EU, and Japan won a WTO trade complaint against
Argentina; final resolution is pending.
Argentina’s continuing dispute with investors who did not accept the 2005 and 2010
restructurings of its foreign obligations has led to Argentina being currently ineligible for
coverage under U.S. programs (Exim Bank, OPIC and the Trade Development Agency)
designed to assist American companies.
• Argentina is an attractive market for American exporters, with a large (42 million)
and educated population, abundant natural resources such as in agriculture,
mining, and unconventional hydrocarbons, and important infrastructure needs.
This year’s top market sectors described in Chapter Four are as follows: Agricultural
Machinery, Irrigation Equipment, Parts and Components; Electronic Security
Equipment; Environmental Technologies for Non-Conventional Resources
Exploitation; Food Processing Equipment; Information and Communications
Technology; Medical Technology; Shale Gas and Shale Oil Development
Technologies, and Travel and Tourism Services. In the agribusiness sector, Animal
Genetics (Bovine Semen), Food Ingredients (Natural Origin), and Planting Seeds are
key areas with high potential.
Market Entry Strategy Return to top
The U.S. Embassy Commercial Service in Argentina provides a wide range of services
to help U.S. companies enter and expand operations in the country. For details on the
services offered, see: http://export.gov/argentina/servicesforu.s.companies/index.asp.
http://www.state.gov/r/pa/ei/bgn/26516.htm
The Civil and Commercial Codes govern principal-agent relations and differ from U.S.
laws. We strongly recommend that an Argentine lawyer be consulted prior to entering
into any type of agreement with an Agent/Distributor and engaged prior to substantive
negotiation of the agreement terms. No special legislation has been enacted to regulate
the cancellation of agency/distribution agreements, although a company could incur
additional costs associated with the cancellation of an agency agreement due to
Argentine labor laws. Given the complexity of the legal and commercial environment,
contracts are generally negotiated in writing through the exchange of letters or via a
basic instrument. The parties may not elect foreign laws to govern the agreement.
Argentine courts will not enforce a contract executed abroad to avoid Argentina law.
U.S. companies should take time in selecting their Argentine agent/distributor. Business
relationships and a good reputation are essential to an agent/distributor’s ability to reach
potential customers of your product or service. Likewise, it is important to develop a
close relationship with a representative, agent, distributor, or other business partner.
The mutual trust that this builds will help prevent business disputes and enable the
parties to resolve them amicably when they do arise. The U.S. Commercial Service of
the U.S. Department of Commerce assists exporters in finding and evaluating partners in
Argentina.
Contact the nearest U.S. Department of Commerce Export Assistance Center, where
trade specialists can provide you with guidance on entering the Argentine or other
international markets. Please call 1-800-USA-TRADE (1-800-872-8723) to locate the
one nearest you or visit the U.S. Government Export Portal at
http://export.gov/usoffices/index.asp. You may also contact the Commercial Service in
Buenos Aires directly for additional information on partner search services, applicable
fees and delivery times at
http://export.gov/argentina/servicesforu.s.companies/businessmatchmaking/index.asp.
Foreign companies may carry out any single transaction. To carry on a routine activity,
a foreign company must establish a branch (sucursal) in Argentina. An individual must
be appointed as the company's legal representative, but assignment of capital to the
branch is not necessary.
Regardless of whether they are associated with local investors, foreign investors may do
business in Argentina as individuals or through corporations, branches of foreign
corporations, limited liability companies, limited partnerships, general partnerships, and
joint ventures. Foreign corporations often operate in Argentina through a separately
incorporated subsidiary rather than through a branch, primarily to reduce their potential
liability. If a branch is used, all of the foreign corporation's assets, not only its Argentine
assets, may be subject to potential liability. In contrast, if an Argentine or foreign
subsidiary is used, the foreign corporation's liability generally will be limited to the assets
owned by that subsidiary. However, corporate directors may become liable for unpaid
tax obligations.
Registration Procedures
The law governing corporations is applicable throughout the entire country of Argentina.
Corporations are set up with the approval of at least two legal or natural persons,
whether Argentine or foreign.
U.S. firms considering establishing operations in Argentina should fully investigate the
tax and legal aspects of establishing a business with legal counsel before making any
final decisions. (Please refer to Chapter 9 for Contacts, Market Research and Trade
Events.)
The local franchising industry has mutated into a challenging and highly competitive
environment for international franchisors seeking local partners. Current market size is
approximately $6.5 billion, with an annual growth rate of approximately 10
percent. Franchising sales account for approximately 2 percent of Argentina’s
GDP. Currently, 90 percent of local franchises are of Argentine origin and approximately
10 percent are of international ownership.
Development of franchising in Argentina has been uneven and shows a high level of
concentration, as 10-15 chains handle 36 percent of the franchises and 50 percent of the
total turnover. There are approximately 400 franchise brands in the market. Tourism
and aesthetic centers are two new segments in which franchising is growing.
The most popular areas for international franchisors are fast food, foreign language
training, dry cleaning, hotels, and car rental services. Local franchises have been
particularly successful in apparel, food, ice cream, "empanada" pastries, fitness/health
clubs, and education, but apparel franchising has lately suffered due to import
restrictions. Coffee shops and stores are currently going through a growth stage, with
local brands such as Havanna and Bonafide having more than 120 stores each.
Starbucks entered the Argentine market in 2008, opening more than thirty stores since
entrance. Other significant U.S. market players include Kodak Express, McDonald's,
Burger King, Wendy’s, Cartridge World, Kentucky Fried Chicken, and Re-Max.
Franchise contracts are generally protected under the Argentine Commercial Code and
are not governed by specific legislation. The scope of the service, commercial trade
market/name, expertise, and shared production elements are covered by contractual
obligations on both franchisor and franchisee. Elements of the contract include the
license, methods/systems or proprietary information transferred to a franchisee, inputs
supply, sales methods, quality standards, and ultimate control by franchisor of the
contract elements.
Franchises have been successfully used in Argentina, but the obligations of the
franchisor must be clearly established in the contract to avoid potential liabilities related
to the operator, in case of default, bankruptcy, etc. There are initiatives to advance a
franchising law to fully formalize the industry, but legal counsel should be sought prior to
entering the Argentine marketplace and appointing a franchisee.
Direct Marketing Return to top
A contract must be signed and registered with the Public Commercial Registry at the
Office of the Inspector General of Justice (Inspección General de Justicia) in the Federal
Capital, or its provincial equivalent. The contract must contain the objective, duration,
name and other specific information regarding the partners' responsibilities, financial
contribution, and many other specific clauses. It must also provide for the appointment
of a legal representative in charge of management.
Contact Information:
Oficina Nacional de Contrataciones
(National Contracting Office)
Email: onc@sgp.gov.ar
https://www.argentinacompra.gov.ar/
Most provincial governments have their own web sites with procurement information. A
prominent NGO looking out for the interests of companies participating in national,
provincial, and municipal procurements is the Unión Argentina de Proveedores del
Estado (UAPE). UAPE has a database of government procurements. More information
can be found at http://www.uape.org.ar/.
Preferences:
Goods: Preference is given to domestic goods. The origin of the goods shall be
determined by the nature/composition of the goods themselves, not based on the
nationality or ownership of the manufacturing company. Goods containing imported
parts shall be considered domestically produced when the value of the imported parts is
no more than 40 percent of the sales value of the finished good, or when the imported
product undergoes substantial in-country transformation such that the MERCOSUR tariff
classification code of the transformed item differs from that of the imported part.
Preferential Treatment:
In cash payment conditions, when the cost of the domestic good is up to five percent (for
small firms) to seven percent higher than the cost of the imported/foreign good, the
contracting party should select the domestic good. In the case of deregulated markets,
the contracting party should select the domestic goods when the value quoted is equal
to or lower than that of the imported/foreign goods. This requirement applies only when
the domestic goods meet all the requirements set forth in contracting documents and
can fulfill expected functions (idénticas o similares prestaciones).
Foreign Goods:
When a bidder offers to supply foreign goods not available in country, he/she must
guarantee "nationalization" of the goods by depositing a bond on behalf of the
contracting party. In addition, the Secretariat of Industry will issue a certificate verifying
the value of the goods to be purchased abroad at the request of the contracting party
within 96 hours of receiving said request. To obtain the Certificate of Verification
(Certificado De Verificación-CDV), the contracting party must submit a sworn statement
declaring (1) that it has complied with the Compre Argentino regime; (2) the end price or
value of the foreign goods; and (3) that said price or value is lower than that of domestic
goods offered or that no domestic goods were offered.
Disputes:
Ninety percent of the Argentine population is concentrated in urban areas, with over 40
percent living in Buenos Aires and its suburbs, and approximately another 30 percent in
the cities of Córdoba, Rosario, and Mendoza combined.
Channel selection should be based on the nature of the product and the company's
knowledge of the Argentine market. Generally, firms new to this market find it more
effective to sell through a distributor, although recent restrictions have made it more
challenging for distributors to import products. Large firms generally buy directly from
overseas suppliers, while smaller firms prefer to buy through intermediaries. Industrial
equipment is sold by sales agents or through trade fairs, while consumer goods are
increasingly sold through large outlets such as supermarkets and hypermarkets.
Argentine distribution channels have gained increased efficiency through merging and
streamlining as a result of the increased competition and changes in the consumer
buying process.
Land Transportation
Argentina stretches 4,000 km (2,500 mi.) from north to south, an expanse crossed by
only a few major highways. Argentina's 208,350 km (129,462 mi.) road network carries
85 percent of domestic freight traffic. Argentina has over 35,000 km (21,000 mi.) of
railroads, but quality and speed vary widely. In general, the rail network requires
significant investment to bring it up to international standards of speed and reliability.
Renewal of one major freight and passenger line (the Belgrano) has been awarded to a
Chinese company.
Air Cargo
Terminal de Cargas Argentina (TCA) was created as a concessionary partnership
established by the GOA for the operation of airfreight terminals at international airports.
TCA is the logistics division of Aeropuertos Argentina 2000, and provides full logistics
and storage services to all foreign cargo agents. TCA's primary business is bonded
warehouse management at major Argentine international airports, where the company
stores imported and exported cargo while their consignees perform relevant formalities
with the General Customs Administration or Dirección General de Aduanas (DGA).
TCA's headquarters are located at Ezeiza Airport (Argentina’s main international airport
just outside of Buenos Aires). The company also has branches in Córdoba, Mendoza,
Mar del Plata, and Jorge Newbery Domestic Airport, in Buenos Aires City. Air cargo
imports have grown rapidly in the past years. International courier delivery services are
extremely active and most global express delivery firms have significant operations in
Argentina, including FedEx, DHL and UPS.
The population and economic activity are highly concentrated in the Greater Buenos
Aires area. The population is of largely European descent and continues to have strong
ethnic, cultural, and business ties with Europe. In some respects, consumer preferences
resemble those of Europeans more than those of other Latin America nationals.
The U.S. continues to be one of Argentina's top trading partners. Many U.S. firms have
been very successful here and U.S. products have a strong reputation for quality and
technological innovation. The U.S. lifestyle and consumption habits are increasingly
influential.
Always use a professional translator, and if possible, have a native Argentine speaker,
such as your agent or distributor, review any materials before using them in Argentina.
Any official document to be presented before GOA authorities that is not in Spanish
requires attachment of an official translation into Spanish by a Sworn Public Translator
(Traductor Público), as well as certification by the Translators Association.
Price and financing terms have become increasingly important selling factors.
Some practical tips to successfully approach Argentine consumers are the following:
The number of people with Internet access continued to grow in 2014, from 130,000
connections in 2001 to 12 million. Network expansion allowed people to connect from
multiple locations via WiFi connections in both private and public spaces such as: cafes,
restaurants, parks, hotels, etc. But in 2014 the most important increase in connections
was through mobile devices (smartphones and tablets) that grew 200% from 2013 to
2014. Over 32 million people (over half the Argentine population) were Internet users in
2014. E-commerce activity has grown tenfold since 2000 in peso terms.
The Argentine Government called public tenders to lay 13,500 km (8,388 mi.) of cable in
2014 as part of the country's federal fiber network project “Argentina Conectada”. This
will add to the already-installed 8,000 km (4,971 mi.) of fiber. Once the national fiber
platform is fully deployed by the end of 2015, more than 1,400 cities and localities across
Argentina will have connectivity. To date, the GOA has invested more than $484 million.
While sales via Internet have not traditionally reached the same levels as in other
countries, a study conducted by the Argentine Chamber of Electronic Commerce
(CACE) showed a sustained increase from 10 percent of internet users in 2001 to almost
62 percent in 2014. Online purchases using credit cards represented 70 percent of total
online transactions, up from 49 percent in 2014. This may be due to the boom
experienced by discount coupon sales and a growing confidence in electronic payment
sites. Online sales have also a high rate of acceptance in the interior of the country,
where the variety of products available is more limited and delivery is an increasingly
important sales tool. According to CACE, the estimated growth of electronic commerce
transactions for 2015 will be 58 percent.
Argentina has many advertising agencies and management consultants. The leading
agencies are members of the Argentine Association of Advertising Agencies (Asociación
Argentina de Agencias de Publicidad). Many branches or affiliates of major U.S.
advertising agencies are among the leading agencies. Advertising in the print media is
the most widely used method, although television, internet, and radio advertising are
increasingly important.
AMBITO FINANCIERO
Email: redaccion@ambito.com.ar
http://www.ambito.com/
CLARIN
Email: clasificados@claringlobal.com.ar
http://www.clarin.com
CRONICA
Email: editor@cronica.com.ar
http://www.cronica.com.ar
EL CRONISTA
Email: publicidad@cronista.com
http://www.cronista.com
LA NACION
Email: diario@lanacion.com.ar
http://www.lanacion.com.ar/
LA RAZON
Email: lcantero@larazon.com.ar
http://www.larazon.com.ar/
PAGINA 12
Email: publicidad@pagina12.com.ar
http://www.pagina12.com.ar/
TIEMPO ARGENTINO
Email: http://tiempo.elargentino.com/contacto
http://tiempo.infonews.com/
Business Magazines
APERTURA
Email: cartas@apertura.com
http://www.apertura.com/
MERCADO
Email: info@mercado.com.ar
http://www.mercado.com.ar
NEGOCIOS
Email: negocios@atlantida.com.ar
http://www.negocios.com.ar
U.S. exporters should take into account that locally manufactured products and those
products imported from other MERCOSUR countries will have a price and duty
advantage. Some customized services and products can still charge price premiums
accepted by the high end of the population in certain geographical areas. High prices,
high costs, and relatively low competitive pressures have traditionally characterized
Argentina due to highly concentrated markets. Please refer to Chapter 5: Trade
Regulations, Customs, and Standards for more information on import tariffs and the
import process.
While the U.S. Government stands ready to assist, there is little we can do if the rights
holders have not taken these fundamental steps necessary to securing and enforcing
their IP in a timely fashion. Moreover, in many countries, rights holders who delay
enforcing their rights in a mistaken belief that the USG can provide a political resolution
to a legal problem may find that their rights have been eroded or abrogated due to legal
doctrines such as statutes of limitations, laches, estoppel, or unreasonable delay in
prosecuting a law suit. In no instance should U.S. Government advice be seen as a
substitute for the responsibility of a rights holder to pursue promptly its case.
It is always advisable to conduct due diligence on potential partners. A good partner is
an important ally in protecting IP rights. Consider carefully, however, whether to permit
your partner to register your IP rights on your behalf. Doing so may create a risk that
your partner will list itself as the IP owner and fail to transfer the rights should the
partnership end. Keep an eye on your cost structure and reduce the margins (and the
incentive) of would-be bad actors. Projects and sales in Argentina require constant
attention. Work with legal counsel familiar with Argentine laws to create a solid contract
that includes non-compete clauses, and confidentiality/non-disclosure provisions.
IP Resources
• For more information about registering trademarks and patents (both in the U.S.
as well as in foreign countries), contact the U.S. Patent and Trademark Office
(USPTO) at: 1-800-786-9199, or visit http://www.uspto.gov/.
• For more information about registering for copyright protection in the United
States, contact the U.S. Copyright Office at: 1-202-707-5959, or visit
http://www.copyright.gov/.
• For more information about how to evaluate, protect, and enforce intellectual
property rights and how these rights may be important for businesses, please
visit the “Resources” section of the STOPfakes website at
http://www.stopfakes.gov/resources.
Companies interested in Argentina should always conduct due diligence before entering
into business ventures or other commercial arrangements. The U.S. Commercial
Service in Argentina provides U.S. firms with information that can assist companies in
due diligence efforts on a specific Argentine company to help determine its suitability as
a potential business partner. We can investigate the capabilities, legitimacy, and
financial strength of an Argentine company and provide useful information gleaned from
government, industry and financial contacts, the local press and other sources. In
addition, USCS Argentina includes site visits and interviews with key personnel of
Argentine firms with whom U.S. firms are considering or maintain a business relationship
through its International Company Profile service. Our assistance does not rise to the
level of due diligence in a legal sense, but does provide valuable information to that end.
Please contact Josette.Fiore@trade.gov for more information.
U.S. consulting firms with local subsidiaries, as well as major local players, provide a
wide scope of business solutions that include IT consulting, tax work, and M&A due-
diligence, and market research. The U.S. Commercial Service prepares Industry Sector
market research reports on an ongoing basis. Customized Market Research (CMR) is
also available for companies that wish to have specific questions answered such as: the
overall marketability of a product or service; market trends and size, customary
distribution and promotion practices; market entry requirements; regulations; product
standards and registration; key competitors, and potential agents, distributors, or
strategic partners.
For additional information and useful links please visit the following web sites:
Agricultural Sectors
11/6/2015
Agricultural Machinery, Irrigation Equipment, Parts and Components
Total Market Size = (Total Local Production + Total Imports) – (Total Exports)
Data Sources:
Total Local Production: Unofficial estimates based on industry reports
Total Exports: Argentine Customs/Trade Nosis
Total Imports: Ministry of Economy
Imports from U.S.: Ministry of Economy
During 2014, the sector suffered a reduction of profits as a result of the fall in commodity
prices and high inflation that raises the cost of inputs. The year 2015 will be crucial to
maintain their positions in the market.
Irrigation Equipment: The Argentine market for irrigation systems has been growing in
recent years due to the increased amount of Argentine farmland dedicated to row
crops. Currently, 5.6 million acres representing around seven percent of farmland are
under irrigation. Recently, the Government of Argentina has launched a program to
double the amount of irrigated areas. The project’s objectives will be to increase the 28
percent of the exiting irrigated areas.
Products offering cost savings are in great demand, as are those that increase and
improve the quality of agricultural products. Among the most sought-after products are:
information technology services and products for agriculture such as autopilots, wireless
connections, Wi-Max networks; GPS/INS systems; geographical information
technology (GIS) data collection software applicable to soil analysis, crop yields, and
remote sensing; NDVI sensors and the use of telematic engineering. Equipment locally
produced for export must incorporate technologies applicable to the engines in order to
reduce air pollution.
Please note that the applicable restrictions have to be checked on a case-by-case basis
for the importation of used and remanufactured/reconditioned machinery and parts.
The best way to familiarize a potential local partner or buyer with a U.S. company’s
product line is to exhibit in local trade shows, the largest one being Expoagro
(http://expoagro.com.ar/). The next edition is scheduled to take place March 5-8, 2016.
Advertising of specific products, parts, and equipment is normally done through web-
based specialized publications:
For additional information on this industry, including market analysis, trade events,
contacts, and the products and services that the U.S. Commercial Service can provide to
help you succeed in the Argentine market, please contact Elizabet Simon, Industry
Specialist, at Elizabet.Simon@trade.gov or visit http://export.gov/argentina/.
Electronic Security Equipment
Total Market Size = (Total Local Production + Total Imports) – (Total Exports)
Data Sources:
The above statistics are official statistics based on Argentine Customs data while
Total Market Size and Local Production are estimates based on industry sources.
Despite the economic challenges facing the Argentine economy, the electronic security
sector grew 18 percent in 2014. Local industry analysts project growth of 22 to 32
percent in 2015. This increase is largely attributed to rising crime, high levels of
perceived insecurity, and the increased priority of improving workplace safety. This
expansion has been seen in all sub-sectors of products and services of electronic
security, especially for monitoring, CCTV over IP, intrusion control and law enforcement
equipment. Together these products total over 80 percent of electronic security imports
to Argentina.
As a result, the hi-tech security equipment market presents the greatest opportunities for
U.S. companies. The greatest potential for growth lies in applications such as online
digital video surveillance and intelligent software, especially systems with capabilities
such as pausing, zooming, identification of specific objects and persons through facial
recognition, and thermal and night vision features.
The hi-tech security equipment market presents more opportunities for U.S. companies
with major growth in niche areas such as CCTV, access control equipment on IP
networks, and safety and security design consulting services for large buildings and
other real estate developments like gated communities in the Provinces.
Market growth in recent years reflects the rising crime rate in Argentina. Acts of
violence, including street crime, bank robberies, and private property theft, have been on
the rise. While Argentina’s crime rate is lower than in the U.S., Brazil, Mexico, and
Venezuela, crime is an issue that the media have emphasized. The widespread
perception of growing insecurity, along with the increasing priority of improving
workplace security, has contributed to the growth of the electronic security sector in
Argentina.
For additional information on this industry, including market analysis, trade events,
contacts, and the products and services that the U.S. Commercial Service can provide to
help you succeed in the Argentine market, please contact Marina Millet, Industry
Specialist, at Marina.Millet@trade.gov or (54-11) 5777-4851 and/or visit
http://export.gov/argentina/.
Environmental Technologies for Non-Conventional Resources Expoloitation
Total Market Size = (Total Local Production + Total Imports) – (Total Exports)
Data Sources:
Total Local Production: Unofficial estimates based on industry reports
Total Exports: Nosis/Exi-Net export/import database
Total Imports: Nosis/Exi-Net export/import database
Imports from U.S.: Nosis/Exi-Net export/import database
The contamination of aquifers due to the disposal of sewage water in cesspools and the
high level of industrial pollution detected in some rivers in the province of Buenos Aires
are clear examples of the lack of awareness of the importance of this essential natural
resource in Argentina.
In some water wells in the city and the province of Buenos Aires, hundreds of cases of
water contamination were detected, with high levels of nitrates and salinization. In arid
and semiarid regions, like in the province of Santiago del Estero, the mismanagement of
the irrigation and drainage systems also caused the salinization of water and soil, which
represents a serious threat to the sustainability of the environment. In rural areas, it has
not been uncommon to detect high levels of arsenic in water for human consumption.
Water Management
Water service providers are currently run under different management models, ranging
from government-owned companies such as AySA and ABSA in the province of Buenos
Aires, to private companies and cooperatives owned by their users. Even when some
companies are under government ownership, the regulatory entities that were created to
supervise the private concessions remain in place.
There is no national law that regulates the use of water specifically. There are other
national laws that regulate some aspects of water management. At the same time,
Argentina has ratified and is part of some international agreements about environment
protection (like the United Nations Environment Program) that regulate this resource.
Most Argentine provinces have passed their own legislation on water management in
their territories.
The provincial government primarily regulates water. In the province of Neuquén, the
Water Resources Bureau (DGRH) is the regulatory body that enforces the provincial
water code. Various interest groups demand a more stringent wastewater discharge
framework, leading to reduced water contamination. In this context, various
environmental experts have raised concerns regarding chemicals used in the fracking
process, and requested disclosure fracking fluids’ contents, which currently is not
mandatory in Argentina.
There are basically three types of end-users: Large companies (YPF (State-owned),
Petrobras, Chevron, Pan American Energy, Total, etc.), oil-field service companies
(Halliburton, Schlumberger, H&P, Weatherford, etc.), and smaller local companies that
are relatively new to this type of environmental requirements. Most of the
equipment/technology is imported from international suppliers. As the awareness for
environmental protection continues to evolve, the marketplace will progressively
increase its demand for newer technology. In this sense, US suppliers are typically the
preferred choice.
It is key to identify a solid local partner with reputable market presence. Although some
manufacturing and product distribution is performed throughout Argentina, most players
and end users have offices in Buenos Aires. U.S. suppliers should consider a cultural
adaptation of product literature into Spanish and seek to develop long-term relationships
with local partners. Personal relationships are vital to fruitful business. Potential
distribution channels include local environmental technology firms, environmental
consulting firms and oil and gas services firms with an interest in diversifying their
products/services portfolio.
For additional information on this industry, including market analysis, trade events,
contacts, and the products and services that the U.S. Commercial Service can provide to
help you succeed in the Argentine market, please contact Marcelo Amden, Industry
Specialist at Marcelo.Amden@trade.gov or (54-11) 5777-4509 and/or visit
http://export.gov/argentina/.
Food Processing Equipment
Note: Statistics are based on the following Mercosur Common External Tariff (MCET)
Codes: 84.17.20; 8433.60; 8434.20; 8434.90; 8435; 8436.29.00.100; 8437; 8438;
8479.20.00
Total Market Size = (Total Local Production + Total Imports) – (Total Exports)
Data Sources:
Total Local Production: Unofficial estimates based on industry reports
Total Exports: Nosis/Exi-Net export/import data
Total Imports: Nosis/Exi-Net export/import data
Imports from U.S.: Nosis/Exi-Net export/import data
2014 import market share: Italy: 24.1%; United States: 15.2%; China: 12.1%; Germany:
10.4%; Netherlands: 9.6%.
2015 (1st. quarter) import market share: United States: 25.8%; Italy: 14.2%; China:
11.4%; Germany: 9.8%; Brazil: 8.7%
Total imports in this sector increased slightly in 2014, after two successive years of
decrease. While imports from the U.S. decreased in 2014, partial figures for the first
quarter of 2015 indicate that the U.S. is regaining its traditional position as the largest
supplier of food processing equipment to Argentina. Imports from the U.S. during the
first quarter of 2015 amounted to $7 million, a 34 percent increase vis-à-vis the first
quarter of 2014. However, this trend is expected to decay during the remaining months
of 2015. Although local production figures are almost non-existent, imports are
estimated to account for 70 to 85 percent of the total market.
The segments that grew most in 2014 and in the first quarter of 2015 were equipment for
the preparation of food and drinks under HS Code (843880); parts for food and beverage
processing equipment (HS Code 843890; and machines for cleaning, sorting or grading
seed, grain or dried leguminous vegetables (HS Code 8437). In addition to the
abovementioned segments, U.S. exports may continue to find opportunities in the
following specialized areas: machinery for cleaning or classification of eggs, fruit or other
agricultural products; equipment for fat and vegetable oil extraction and processing; and
machinery for the preparation or processing of fruits, nuts or vegetables.
The food processing equipment market in Argentina relies heavily on imports by large
domestic food processing companies and food exporters. Argentina is the world's
leading exporter of soy oil and soy meal, the third largest soybean exporter, and a top
exporter of corn.
Argentina remains a key market for U.S. exports to Latin America. U.S. products are
often sought out, particularly in the higher-end technology segment.
For additional information on this industry, including market analysis, trade events,
contacts, and the products and services that the U.S. Commercial Service can provide to
help you succeed in the Argentine market, please contact Liliana Paz, Industry Specialist
at Liliana.Paz@trade.gov or (54-11) 5777-4519 and/or visit http://export.gov/argentina/.
Information and Communications Technology
Total Market Size = (Total Local Production + Total Imports) – (Total Exports)
Data Sources:
Total Local Production: Unofficial estimates based on industry reports
Total Exports: Nosis/Exi-Net export/import database
Total Imports: Nosis/Exi-Net export/import database
Imports from U.S.: Unofficial estimates based on Nosis/Exi-Net export/import
database
Argentina has a nationwide telecom infrastructure, and a large number of companies are
involved in the provision of services. A recent auction of additional spectrum will
increase investment in telecom infrastructure. CESSI (the Argentine Chamber of
Software and IT Services Companies) projects 30 percent growth in 2015.
Main factors will keep demand for software and IT services high in 2015:
The IT Services sub-sector offers major opportunities for U.S. companies in network
implementation, management and maintenance, legacy applications, wireless LANs,
RTE (real time infrastructure) implementations, remote operation processing, back-up,
critical mission services, disaster recovery systems, Internet and network security
systems, document digitalization, digital asset management, storage, utility computing,
and information systems for rural areas (traceability, RFID, etc.). Cloud computing and
virtualization-related services will continue to see high demand during 2015. The
outsourcing of software development and call/contact centers will continue to see new
investments, exports, and increased sales in the domestic market.
Other market conditions will foster growth in IT services, such as the increased use of e-
banking, electronic commerce, and E-Government, which have increase awareness
related to information technology security. Regarding software, large projects in the
areas of security solutions and business intelligence will present opportunities in 2015.
In the telecom sector, investments in 2015 will focus on four areas: deployment and
enhancement of the cellular GSM network (3G+4G+LTE), expansion of broadband
Internet access), expansion of data transmission/broadband and content over cellular
networks, and the continuing migration to IP networks (NGN) and triple play.
The economic outlook for 2015 is uncertain, and inflation remains a serious problem for
the country’s economy. The fastest growing telecom service in 2014 is likely to be the
installation of the 4G connectivity, both for mobile broadband and for phone-based
internet browsing.
For additional information on this industry, including market analysis, trade events,
contacts, and the products and services that the U.S. Commercial Service can provide to
help you succeed in the Argentine market, please contact Marina Millet, Industry
Specialist at Marina.Millet@trade.gov or visit http://export.gov/argentina/.
Medical Technology
Total Market Size = (Total Local Production + Total Imports) – (Total Exports)
Data Sources:
Total Local Production: Unofficial estimates based on industry reports
Total Exports: Nosis/Exi-Net export/import database
Total Imports: Nosis/Exi-Net export/import database
Imports from U.S.: Nosis/Exi-Net export/import database
2014 market share: United States: 24.5%; China: 16.6%; Germany: 13.4%; Japan:
7.5%; Mexico 5.5%
Imports dominate the Argentine medical equipment and device market; they traditionally
account for around 70 percent of the total market. The United States continues to be the
leading supplier of imported medical products and currently holds almost 25 percent
market share, particularly in high-technology products. Imports from the U.S. in 2014
grew 5.4 percent; they had previously decreased in 2013. Imports from the U.S. have
been growing throughout 2013 and 2014. During the first quarter of 2015, total imports
amounted to $108.2 million, with imports from the US accounting for $23.3 million.
While total imports in 2015 are expected to keep similar levels as those of 2014, imports
from the U.S. may continue to grow more than total imports in 2015 and beyond.
All imports of medical products must be performed by an importer registered with the
ANMAT (the Argentine equivalent to the FDA) as a frequent importer of medical
equipment.
Opportunities for U.S. exports in this sector include middle- and high-end technology
products that do not compete with locally manufactured ones, among which are electro-
diagnostic equipment, ultrasound equipment, and other medical devices. There may
also be potential in the market for implants, stents, cardiac valves, pacemakers,
specialized catheters and cannulas, and other specialized disposables. Among these
products, the largest exports of U.S. products in 2014 were in the following HS Codes
categories in 2014: 9018.90.99.190, 9018.39.29.900, 9018.50.90.100L.
Medical technology and products developed and produced in the United Sates are highly
regarded in Argentina. Medical products that cannot be manufactured locally continue to
present opportunities for U.S. exporters, particularly when offering high quality products
at competitive prices. In any case, product potential and appropriate timing to enter the
market should be determined on a case-by-case basis.
For additional information on this industry, including market analysis, trade events,
contacts, and the products and services that the U.S. Commercial Service can provide to
help you succeed in the Argentine market, please contact Liliana Paz, Industry Specialist
at Liliana.Paz@trade.gov or (54-11) 5777-4519 and/or visit http://export.gov/argentina/.
Shale Gas and Shale Oil Development Technologies
Total Market Size = (Total Local Production + Total Imports) – (Total Exports)
Data Sources:
Total Local Production: Unofficial estimates based on industry reports
Total Exports: Nosis/Exi-Net export/import database
Total Imports: Nosis/Exi-Net export/import database
Imports from U.S.: Nosis/Exi-Net export/import database
Shale-oil and shale-gas reserves in the Vaca Muerta formation, located in the Province
of Neuquén is estimated to hold 16 billion barrels of shale oil and approximately 310
trillion cubic feet (8.8 trillion cubic meters) of shale gas, which would give Argentina the
world’s fourth-largest reserves of shale oil and second-largest of shale gas.
It is estimated that developing Vaca Muerta will require between USD 70-90 billion.
YPF, Argentina’s state-owned company and major oil & gas producer, signed a strategic
partnership agreement with Chevron, comprising an initial investment of USD 1.24 billion
dollars in Vaca Muerta as part of its joint venture with YPF. Chevron plans to spend
approximately USD 15 billion to develop their positions in Vaca Muerta.
Although the YPF-Chevron had a positive effect in the industry, YPF continues efforts to
attract more international partners to develop Vaca Muerta, which could change
Argentina’s energy situation a few years from now. YPF has also signed agreements
with Petronas of Malaysia and Dow Chemical, among other players. Recently, the GoA
signed an MOU with Sinopec from China. In 2014, YPF reported an 8.7 percent
increase in oil production and 12.5 percent in gas, respectively. These results are
encouraging, and convey positive signs to the market and potential investors. However,
overall Argentine production of oil and gas continues to decline.
There are currently approximately 300 shale wells in production in Vaca Muerta, which
only compares to the U.S. and China. Approximately 107 drilling rigs are employed, the
highest number since 1982, and an increase of over 100 percent since 2012.
The U.S. Commercial Service encourages U.S. companies to contact us in order to learn
more about the current business climate, market trends, and potential business
opportunities.
Products:
• Biocides
• Chemicals & Gases
• Downhole Tools
• Drill Bits & Reamers
• Drilling Equipment
• Drilling Fluids
• Friction Reducers
• Gelling Agents
• Proppants
• Sand Proppants
• Stimulation Products
• Tubular Goods
Services:
• Prospecting
• Drilling Services
• Completion & Production Services
• Pressure Pumping Services
There are basically three types of end-users: Large companies (YPF, Petrobras,
Chevron, Pan American Energy, Total, etc.), oil-field service companies (Halliburton,
Schlumberger, H&P, Weatherford, etc.), and small local companies that increasingly
compete to increase market share. The first two groups, in general, do their routine
purchasing locally, either from local manufacturers, or through distributors or
representatives of international suppliers, and purchase the large-ticket items through
their headquarters purchasing offices. The third group typically buys from international
suppliers, and seeks to take advantage whenever possible of available credit lines from
national export financing agencies in supplier countries. Price and lead times are
important factors.
YPF has increased its efficiency and reduced production costs by approximately 32
percent. This is also an area in which US firms can be competitive and add value to the
local market.
It is key to identify a solid local partner with reputable market presence. Although some
manufacturing and product distribution is performed throughout Argentina, most players
and end users have offices in Buenos Aires. U.S. suppliers should consider a cultural
adaptation of product literature into Spanish and seek to develop long-term relationships
with local partners. Personal relationships are vital to fruitful business.
Depending on the type of product, potential distribution channels feature local suppliers
of equipment, machinery and measuring instruments to the oil and gas industry. Also, a
limited number of reputable services companies with interest in diversifying their service
offerings could be a partner to reach end clients.
For additional information on this industry, including market analysis, trade events,
contacts, and the products and services that the U.S. Commercial Service can provide to
help you succeed in the Argentine market, please contact Marcelo Amden, Industry
Specialist at Marcelo.Amden@trade.gov or (54-11) 5777-4509 and/or visit
http://export.gov/argentina/.
Travel and Tourism Services
Traveling is part of the Argentine lifestyle, and the United Sates is a popular travel
destination for both business and pleasure. Based on recent figures travel to the U.S.
Argentina has grown double digit numbers in the past years (2005 – 2013). During 2014
684.727 (-0.2 percent) Argentines traveled to United States. Statistics show decrease in
the months of March, June (Soccer World Cup) and December 2014 compared to same
months in 2013. It is important to note that all Argentines must pay a 35 percent
surcharge on all purchases in foreign countries, including all travel services.
The number of travelers varies depending on the season. Peak travel times tend to be
during the summer holidays (December to February) and winter school holidays (July).
However, some choose to travel during the week of September 21st, as many children
receive a spring holiday then in addition to their other times off. The only requirement
before entering the United States in addition to a valid passport is to obtain a visa.
New tourism destinations are being actively promoted at the major industry shows, and
the business travel sector experienced substantial growth last year, as many Argentines
are visiting trade shows and congresses in a wide variety of industry sectors. United
Airlines is to incorporate a larger airplane to its Houston service and American Airlines
begins Boeing 787 Dreamliner service to DFW on July 4th.
The top destinations frequently visited by Argentines are Florida (especially Miami and
Orlando), New York City, California, and Washington D.C. The U.S. gateways are
Atlanta, Dallas, Houston, Miami, and New York. Aerolíneas Argentinas has announced
plans to fly to Chicago, Denver, and Detroit, but the date of implementation is uncertain.
For additional information on this industry, including market analysis, trade events,
contacts, and the products and services that the U.S. Commercial Service can provide to
help you succeed in the Argentine market, please contact Diana Brandon, Industry
Specialist at Diana.Brandon@trade.gov or (54-11) 5777-4550 and/or visit
http://www.buyusa.gov/argentina/en.
Agricultural Sectors
Total Market Size = (Total Local Production + Total Imports) – (Total Exports)
Data Sources:
Total Local Production: Local genetic importers
Total Exports: Global Trade Atlas and local genetic importers
Total Imports: Global Trade Atlas and local genetic importers
Imports from U.S.: Global Trade Atlas and local genetic importers
Argentina’s cattle herd is approximately 52 million head. Roughly 2 million cows are for
dairy production and 22 million cows are for beef production. The quality of both dairy
and beef herds are very good, but need to continuously incorporate high quality genetics
to keep up the standard. Of the total semen market, about half is used in dairy and half
in beef cows. Roughly 70 percent of the dairy cows, and only 10 percent of beef cows,
are artificially inseminated. The majority of imported semen is used in dairy cows, but
imports of beef genetics have increased significantly over the past few years. The U.S.
accounts for almost two-thirds of the total imported semen market, followed by Canada,
New Zealand and France. The beef business is expected to continue to be profitable,
while the dairy sector is struggling with high production costs and low milk prices.
While dairy (primarily Holsteins) semen is expected to increase marginally, beef semen
(especially Angus) has good potential growth for 2016. The local beef sector is expected
to continue to recover as returns in crop production are very thin or negative.
Opportunities Return to top
The use of beef semen with production data (Expected Progeny Differences – EPD) is
increasing, but semen distributors indicate that much needed education has to be done
with local purebred and commercial breeders. Imports of Black and Red Angus have the
greatest potential. However, there are opportunities for semen of other breeds such as
Braford, Brangus, and Hereford. Semen of Black and Red Angus and, to a lesser
extent, Brangus has the greatest opportunities from the United States.
Total Market Size = (Total Local Production + Total Imports) – (Total Exports)
Data Sources:
Total Local Production: N/A
Total Exports: Global Trade Atlas (data include dried vegetables, & dried fruit and
nuts)
Total Imports: Global Trade Atlas (data include dried vegetables, & dried fruit
and nuts)
Imports from U.S.: Global Trade Atlas (data include dried vegetables, & dried fruit
and nuts)
The food and beverage (F&B) industry is one of the main activities contributing to the
Argentine economy, accounting for about 30 percent of Argentina’s total exports. Some
of its main trends are as follows: 1. significant investments in technology updates; 2.
local production capacity being fully used, which requires additional investments to
supply the growing food demand; 3. “Health and Nutrition” considered a strong concept
in the F&B business; 4. Greater interaction between the local industry and universities,
fostering innovations.
The main ingredients imported were those that are not manufactured locally or those for
which production is not sufficient to supply the local industry. There is a significant
market for some U.S. food ingredients among local food producers, who use them to
manufacture high-value, tailor-made food products. However, Argentine F&B imports for
2015 are projected to remain at the same level estimated for 2014, as a result of the
slowdown of the country’s economy, and the restrictive measures taken by the
government of Argentina (GOA) which are adversely affecting imports. There is a lot of
uncertainty in the food ingredients sector for 2016 with upcoming presidential elections
in October 2015. The measures the new government will take related to the import policy
might boost food ingredients imports into the country.
Sub-Sector Best Prospects Return to top
Whey; dried vegetables; dried fruit and nuts; spices; potato flakes, granules, and pellets;
wheat starch; corn starch; potato starch; herbs; extracts of licorice; extracts of
vegetables, meat, and fish; pectin substances; agar-agar; glycerol; glucose; fructose;
molasses; cocoa powder; extracts of coffee and tea; yeasts; soy sauce; protein
concentrates and textured protein substances; gelatin; non-dairy coffee whiteners;
cream and milk substitutes; sugar substitutes; essential oils; casein; albumins; peptones;
dextrins; glues; ingredients for functional foods and for the beverage industry;
nutraceuticals; and algae omega.
U.S. food ingredients are considered locally to be high quality and safe products. Best
opportunities are for tailor-made food ingredients that are demanded for the
manufacturing of more sophisticated food items, and ingredients that are not produced
locally.
Various food industry contacts, primarily former participants of USDA/FAS Buenos Aires-
sponsored trade missions to the IFT Annual Food Expo.
Planting Seeds
Total Market Size = (Total Local Production + Total Imports) – (Total Exports)
Data Sources: The above statistics are unofficial estimates based on Argentine
Customs data, industry contacts, and the Global Trade Atlas.
The Argentine seed industry offers numerous growth prospects and opportunities in
terms of an increase in the demand for genetically modified seeds, higher commodity
prices, and the expansion of agricultural land area. Planting seeds are one of the most
important agricultural products imported into Argentina from the United States, totaling
$20 million in 2015.
Alfalfa continues to be the primary seed imported from the United States, followed by
yellow corn, clover, rye grass, and fescue. Likewise, seeds from vegetable crops and
lawn grass seed have been in demand.
Off-season production of corn and soybean seed has generated positive returns in the
last few years. Argentina’s total exports of planting seeds for 2015 are estimated at $
215 million, while the country’s total exports of planting seeds for 2014 totaled $227
million.
The new development of marginal areas for beef and dairy industries will mean that
demand for quality forage seeds will remain high. There is a strong demand for grasses
suitable for sub-tropical regions in the northern part of the country.
As many producers are increasing their beef herds, Post forecasts an increase in
demand of planting seeds, and therefore imports in 2016 might slightly increase to total
$22 million.
• Import Tariffs
• Trade Barriers
• Import Requirements and Documentation
• U.S. Export Controls
• Temporary Entry
• Labeling and Marking Requirements
• Prohibited and Restricted Imports
• Customs Regulations and Contact Information
• Standards
• Trade Agreements
• Web Resources
The Harmonized Schedule (HS) is used to specify tariff classifications in Argentina. The
HS was implemented on January 1, 1992, and is aligned with the WTO Customs
Classification Code adopted in 1979. On January 1, 1995, Argentina implemented the
MERCOSUR Common Nomenclature, known as the Nomenclatura Común del
MERCOSUR (NCM) which is consistent with the U.S. Harmonized System for tariff
classification.
Specific duties are applied to certain products and are expressed in monetary terms per
unit of measurement. A combination of both ad-valorem and specific duties ("mixed
duties") is used in some cases.
According to the MERCOSUR Common Nomenclature, these are the average tariff rates
for some of the Chapters:
Chapter 49: Printed books, newspapers, pictures and other products of the
printing industry; manuscripts, typescripts and plans: 0 to 16 percent ad-valorem;
Chapter 95: Toys, games and sports requisites; parts and accessories thereof:
20 percent ad-valorem.
In practice, at the time of this writing the import of textiles/apparel and toys/games is
severely restricted. Other consumer products also face difficulty.
In May 2001, the GOA introduced minimum import prices/reference values on several
products covered by specific HS codes to avoid under-invoicing. When the minimum
import price is greater than the declared value at Customs, the importer must make a
deposit for taxes due on the price differential to take merchandise out of customs. This
deposit will be held during the period of investigation on the real or market import price.
These minimum import prices apply when goods are imported for consumption.
• Increase on Valued Added Tax (VAT) and Income Tax paid on imports, reaching
rates of 21 percent and 11 percent respectively, depending on the product type.
• Loss of tax benefits such as exemption or deferment of VAT and Income Tax
payments.
• Deposit of a guarantee equivalent to the difference between the reference value
and the declared value. Deposit/guarantee policies are no longer accepted for
these cases. Only cash, bank collaterals, or public debt bonds will serve as a
guarantee to allow the import transaction.
Several subsequent regulations have continued to update and expand the list of
minimum/reference prices. In 2008, Customs Notes 90 and 91 required importers of any
goods from designated countries that are invoiced below the reference prices to have
the invoice validated by both the foreign customs agency and the appropriate Argentine
Embassy or Consulate. U.S. products with reference prices include the following:
• Matches
• Other plates, sheets, film, foil and strip, of plastics, non-cellular and not
reinforced, laminated, supported or similarly combined with other materials: of
poly (methyl methacrylate), not over 25mm or over 105mm in thickness
• Rubber bicycle tubes
• Wooden hangers
• Non-rewritable compact discs (CD-R)
• Fungicides
• Electrical terminals
• Low density polyethylene
• Cermet manufactures
• Fiberglass tissue
• Iron and steel tubes
• Tires
• Refrigerators
• Washing machines
• Wood products (boards).
• Textiles (t-shirts, shirts, underwear and more)
At the same time, the Argentine Customs Bureau announced that there would be
specific Customs checkpoints that will control imports of certain product categories such
as household appliances, electronic devices, motorcycles, textiles, apparel, footwear
and toys. These items are traditionally the most affected by import restrictions.
The basic legislation affecting import and export transactions is contained in the
Customs Code (Law 22,415), which came into force in September 1981.
In 2010, MERCOSUR approved the MERCOSUR Customs Code to come into effect
January 1, 2012. The Argentine Congress approved it in December 2012, and the
Customs Code is now in force.
In 2006, there was a significant increase in the regulation of goods and capital flows.
The most significant changes include product-specific export restrictions; variations in
tariffs on key export commodities; the extension of an Argentina/Brazil automotive
managed trade regime that was due to expire in 2006; the implementation of
government-promoted private sector agreements to limit intra-MERCOSUR trade in
sensitive sectors, including textiles and shoes, and more extensive regulations on capital
movement. The automotive managed trade regime was extended in 2014 until June 30,
2015 with a reduced favorable balance for Brazil. At this writing, negotiations were
continuing on a further extension.
While there is no legal prohibition against foreign companies repatriating profits, GOA
regulations implemented in November of 2011, mandating that firms receive permission
from AFIP in order to exchange local currency into foreign exchange, serve as a de-
facto control on the ability of foreign firms to repatriate profits. Meanwhile, export
proceeds must be repatriated to Argentina and for most products must be remitted to the
Central Bank within 15 days. Repatriation deadlines vary based on product categories.
These stipulations could change based on economic conditions.
Regulations define "dumping" as the export price of imported merchandise being lower
than the comparable sales price in normal commercial operations of identical or similar
goods destined for consumption in the domestic market of the country of origin.
Argentina has set antidumping and countervailing measures on various occasions, some
of which still remain in force.
Imported goods for consumption that benefit from a subsidy abroad may be subject to a
compensatory duty when they cause, or threaten to cause, serious damage to a local
industry. Argentine fair trade laws are based on Article VI of the WTO under Resolutions
281/97 and 622/95.
Tariff Barriers
For countries outside the MERCOSUR area, Argentina and its MERCOSUR partners
established the MERCOSUR common external tariff (CET) on January 1, 1995. The
CET currently ranges from zero to 20 percent for most products. However, some
products in the automotive sector can reach 35 percent.
There is a list of sensitive products temporarily exempted from the CET. The first group
includes sensitive products such as Information Technology and Capital Goods. At the
same time, the MERCOSUR countries can set an import duty different from the CET
until December 31, 2015, for specific products, using the so-called Exceptions List
(pursuant to Decision 58/10 CMC MERCOSUR).
Since July 2012, imported capital goods that compete against local production have
been subject to a 14 percent tariff. Imported capital goods that do not have a local
substitute face a 2 percent tariff.
The tariffs on imports apply to the declared CIF (Cost + Insurance + Freight) value in
Argentina. In addition to the tariffs, the following fees and taxes apply:
• 0.5 percent statistics fee on the CIF value, with some exceptions (computers and
telecommunications goods, capital goods, fuel, some paper goods, books,
periodicals, guns, samples, emergency shipments, and duty-free products). This
fee is not levied on MERCOSUR intra-zone trade.
• 21 or 10.5 percent (depending on the product) of Value Added Tax (VAT) on the
CIF value plus tariff plus statistics fee.
• 20 or 10 percent (depending on the product) of advanced VAT on CIF plus tariff
and statistics fee on all goods imported for resale. Goods imported directly by
end-users are exempted.
• Six percent profits tax on all retail goods, except for goods imported directly by
users. Individuals pay 11 percent.
• 1.5 percent gross income tax
• Excise tax on certain goods
• 2 percent destination/verification fee
• Local taxes
• Goods may be subject to a 3 percent tax on future anticipated profits.
The CIF value plus the duty and the import statistics fee form the base for the application
of domestic taxes. For this reason, foreign supplier's invoice must support the imports.
VAT and Profits Tax are deductible from gross income tax.
Domestic taxes (i.e., excise taxes) are levied on tobacco, alcoholic beverages, soft
drinks, syrups, extracts and concentrates, television sets, tape recorders, record players,
and microwave appliances, among other products. Excise taxes are paid on the basis of
sworn returns or through stamps affixed to the product. Rates vary considerably,
reaching up to 60 percent of the retail price for cigarettes.
Decree 690/2002 specifies exceptions to the payment of the statistics fee, which include:
• Certain imported goods for animal or vegetable reproduction, which pay a zero
percent CET.
• Certain imported mineral products that pay zero percent CET.
• Imported books, brochures, and newsprint.
• New imported capital and information and telecommunications-related goods.
• Goods imported under the temporary import regime.
The following offices are responsible for drafting customs rules, regulations, and tariffs:
Trade barriers
Many food-related and agricultural imports, such as livestock, plants, bulbs, cuttings,
rhizomes, roots, grains, and plant products require a sanitary certificate issued by a
competent authority in the exporting country. Products destined for human consumption
must fulfill certain specifications and be labeled and packed accordingly.
Quotas
There is a quota system and special regime for auto parts. The bilateral auto agreement
between Argentina and Brazil establishes preferential market access treatment for both
countries to protect the MERCOSUR automobile industry. A complicated system of
reciprocal obligations exists between Argentina and Brazil. The Argentine government
separately sets annual quotas for official distributors of foreign cars and auto dealers, as
well as for other firms and individuals. Foreign auto manufacturers (including U.S. firms)
in MERCOSUR countries receive national treatment. Argentina also has a bilateral
autos agreement with Mexico.
In addition, temporary quotas exist on organic chemicals (HS code 2915.90), fluoride of
aluminum (2826.12), and petroleum resins (3911.10) affecting U.S. exports.
Permission to Import
Since February 1, 2012, Argentina has required all importers to request and receive
approval from the Secretariat of Commerce and the Argentine Tax and Customs
Authority (AFIP) prior to importing products from abroad. This sworn affidavit of intention
to import (referred to as the DJAI) is required for each import transaction and is reviewed
by AFIP. In practice, AFIP does not make the decision, which is in fact made by the
Secretariat of Internal Commerce, but AFIP does certify that the importer is in good
standing with regard to taxes and ability to pay for the goods and approves the request
to purchase the currency. However, ultimately the Central Bank (BCRA) must release
the funds and has final say over when the goods will be paid for.
Processing time is officially 15 days, but many requests are put on hold for indefinite
periods of review. An Argentine firm or individual who wishes to import must utilize the
services of an Argentine customs broker to file the DJAI through the online customs
system known as (S.I.M. - Sistema Informático MALVINA), if they do not possess a
customs brokerage license to handle their own imports. The requested merchandise
must arrive in Argentina within 180 days of the DJAI being marked “Salida” by AFIP to
signify approval to import. Follow this link for additional information on the DJAI process:
http://www.buyusainfo.net/docs/x_9655141.pdf.
In 1997, the Argentine government put in place greater certificate of origin and
consularization requirements on a broad range of imports generally covering but not
limited to consumer goods, textiles, apparel and footwear, printing machines, and
machine tools. Consularization is required for every country from whih an integrated
component is sourced.
Moreover, on March 27, 2012, AFIP issued Resolution 3304 regarding new inspection
and documentation procedures for imported goods arriving in Argentina. Given the
extensive manpower and inspections infrastructure required to actually implement
Resolution 3304, it is still unclear as to which requirements and procedures will be
implemented and how. In light of the aforementioned and the significant number of
changes in requirements to import goods into Argentina over the last year, it is strongly
advised that all exporters confer with a Freight Forwarder with an established
relationship with an Argentine Customs Broker or directly with an Argentine Customs
Broker prior to shipping goods to Argentina. In addition, it is recommended that
exporters consult the U.S. Commercial Service in Argentina’s website at
http://export.gov/argentina/ for information on new export and customs requirements.
Import/Export Documentation
Maritime Shipments
The following documents are required for all maritime shipments, regardless of value:
• Commercial invoice (original and three copies)
• Bill of lading (minimum of one negotiable copy for customs purposes)
• Packing list (not generally required for bulk commodities or for articles that are
identical in kind, characteristics, composition, weight, etc.)
• Insurance certificate (if insurance coverage is purchased by the exporter)
These documents are always required for air cargo shipments, regardless of value:
• Commercial invoice (original and three copies)
• Airway bill (number of copies depends on requirements of the importer and of the
airline used)
• Packing list.
Freight forwarding and/or agents' fees cannot be shown on airway bills on a freight
collect basis; i.e., the fees must be prepaid.
Commercial Invoices
Commercial invoices must be presented in Spanish (one original and three copies) with
the caption "Original Invoice." Carbon copies, printed copies, or photocopied invoices
will not be accepted in place of the original. In addition, a properly authorized member of
the firm must provide an original signature in ink on each copy of the invoice presented
(i.e., the original and three copies).
• Invoice number
• Place and date of execution
• Full name and address of the exporter
• Full name and address of consignee and name and address of the agent (freight
forwarder), if any
• Quantity, indicating measuring units invoiced
• Name and description of goods (in Spanish)
• Unit price and total
• Currency used in transaction
• Terms of payment and delivery, using INCOTERMS
• Origin and place/port of export of the merchandise
• Means of transport (specifying via ocean or air or parcel post)
• Port or place of entry into Argentina
If the invoice is in English, the common practice is to show the Spanish translation just
below the English text.
(Unofficial Translation: "I swear under oath that the prices on this commercial invoice are
those really paid or to be paid, and that no agreement exists that permits their
modification, and that all data pertaining to quality, quantity, value, prices, etc., and
description of the merchandise agree in all their parts with what was declared in the
corresponding Shipper's Export Declaration.")
A fax of the commercial invoice may be used as a working copy for customs, but the
original must be presented in order to complete entry.
Electronic documents with electronic signatures are acceptable if the certifying company
has obtained eligibility by completing a licensing procedure.
Consular legalization is generally not required, but may be required in certain cases.
Check with the importer for exact requirements.
Bill of Lading
The bill of lading should be issued (at minimum) in one negotiable copy; additional
negotiable copies may be required by the importer, bank, steamship line, or other
interested party (follow instructions from the importer or those given in the letter of credit
or other contractual arrangement). Bills of lading must indicate the weight and volume of
each package, as well as the total weight and volume of the shipment. All bills of lading
must also show the amount of freight and a statement "Freight Paid," or "Freight Payable
at Destination" as appropriate.
Packing Lists
Packing lists are necessary for customs clearance in Argentina and must describe the
contents of each package. Where the contents of a parcel are the same as those in
other parcels of the same lot, one description on the packing list covering the lot will be
sufficient. The packing list preferably should be in Spanish. No packing list is necessary
for goods imported in bulk, such as coal, petroleum, sand, etc., or for articles identical in
kind, characteristics, composition, weight, etc. It is suggested that the packing list be
included in every air shipment.
Consular legalization of the packing list may be required in certain instances. Check with
the importer for exact requirements.
At least three (3) copies of the packing list should be included as part of the shipping
documents sent to the consignee or the agent thereof. The exact contents of each
package should be clearly identified. This should include each item's gross weight and
net weight and each package's marks and numbers. The required information must be
consistent with all information shown on the commercial invoice.
Insurance Certificate
The U.S. exporter must request this document when purchasing insurance and should
proceed according to the details provided by the importer. Marine insurance can be
obtained from any insurance company.
Certificate of Origin
The certificate of origin is a document that may be required by Argentine Customs for
consumer goods, textiles, footwear, apparel, printing machines and machine tools,
organic chemicals, tires, bicycle parts, flat-rolled iron and steel, certain iron and steel
tubes, air conditioning equipment, wood fiberboard, fabrics, toys, games, brooms, and
brushes. This requirement by Argentine Customs falls under various circumstances:
• Antidumping Duties
• Countervailing Measures
• Safeguard Measures
• Import Quotas
• Trade Statistics
The certificate of origin requires the authorized signature of the local Chamber of
Commerce Secretary in the U.S. and the seal of that organization and also must be
legalized by the Argentine Consulate in the United States. Note that if the product to be
shipped contains component parts manufactured in another country, the U.S. company
must obtain signatures of the relevant chambers in those countries and have the
document legalized by the Argentine Consulates in those countries.
BIS has developed a list of "red flags", or warning signs, intended to discover possible
violations of the EAR. These are posted at:
http://www.bis.doc.gov/index.php/component/content/article/23-compliance-a-
training/51-red-flag-indicators.
If there is reason to believe a violation is taking place or has occurred, report it to the
Department of Commerce by calling the 24-hour hotline at 1(800) 424-2980, or via the
confidential lead page at: http://www.bis.doc.gov/index.php/component/rsform/form/14-
reporting-violations-form?task=forms.edit.
The EAR does not control all goods, services, and technologies. Other U.S.
Government agencies regulate more specialized exports. For example, the U.S.
Department of State’s Directorate of Defense Trade Controls (DDTC) has authority over
defense articles and defense services. A list of other agencies involved in export control
can be found on the BIS web site or in Supplement No. 3 to Part 730 of the EAR, which
is available on the Government Printing Office Web site at
http://www.bis.doc.gov/index.php/about-bis/resource-links.
For further details about the Bureau of Industry and Security and its programs, please
visit the BIS website at: http://www.bis.doc.gov.
A list that consolidates eleven export screening lists of the Departments of Commerce,
State and the Treasury into a single search as an aid to industry in conducting electronic
screens of potential parties to regulated transactions is available here:
http://developer.trade.gov/consolidated-screening-list.html.
The Temporary Admission Regime (TAR) allows duty-free admission of goods such as
commercial samples, packaging, pallets, containers, and goods for exhibits. The exports
must be completed within the stipulated time as set by customs in accordance with the
type of imported merchandise. Failure to re-export goods will result in a fine.
Merchandise may suffer changes, which increase or lower its value, but no export
charges will be levied when goods remain unchanged. If value is increased, charges will
apply to the added value. The transfer of property, possession, or use is not permitted.
A bond is required to cover the value of import charges for the goods. The bond will be
refunded when the goods are re-exported.
Resolution 392/2006 SICPyME modifies Decree 1439/96, and regulates the import of
primary and intermediate goods into Argentina for use in export production. The finished
goods must be exported within 360 days from the date of temporary admission;
however, this deadline may be extended for additional 360 days. There are special
permissions for long-term projects, for which the maximum stay under the TAR is 1080
days.
Argentina is not included in the A.T.A. Carnet (Temporary Admission) program of the
U.S. Council for International Business, which allows the importation of goods, display
booths, and literature for display in local trade shows for subsequent re-export. The
TAR should be used for this purpose. Many trade show organizers, however, obtain a
special waiver from the Ministry of Economy by declaring an event "of national interest."
Decree 1001/82 and Disposition 34/98 of the Argentine Customs Bureau (Dirección
General de Aduanas - DGA) include imports of new or used capital goods destined to
production under the Temporary Admission Regime.
Goods are considered eligible for the TAR program if they are substantially transformed
or processed in an industrial process that has the end goal of producing an export.
Examples of “transformation” include: manufacturing, combination, mixture, dosage,
repair, rehabilitation, assembly, or installation within a more complex final product. This
includes products that are consumed either completely or partially in another process, as
with oils and combustibles, disposable materials used in a production process,
machinery parts, packaging and bottling, etc. Damaged goods in need of repair can also
enter the country under this program to undergo repairs, contingent upon their
subsequent re-exportation.
These goods may remain in Argentina without paying tariffs for a one-year period, or in
the case of inputs for the production of capital goods that are listed as “non-serialized”
by the MERCOSUR Common Nomenclature System. Failure to re-export goods will
result in a fine.
The sectors that take advantage of this regime are automotive, chemical, basic
metallurgy, food and beverage, machinery and equipment, leather, petrochemical, and
paper. The usage of this regime is highly concentrated: approximately 10 percent of the
firms that have used this regime import 90 percent of the goods that qualify.
If the goods that were admitted for entry under the TAR regime are imported into
Argentina for consumption, payment must be made not only of the corresponding duties
and taxes, but an additional two percent will be charged per month (since the entry date)
on the value of the merchandise. This charge will be calculated from the month of
temporary importation until the month when the goods were imported for consumption,
which will be no less than 12 percent of the value of the goods in customs unless said
value is determined to be less than when the goods were admitted for temporary
importation.
Argentina has restrictions on imports of consumer goods (Resolution No. 3252). Under
the Sworn Statement on Anticipated Imports (Declaración Jurada Anticipada de
Importación - DJAI), importers must declare shipments they wish to import into Argentina
prior to shipping. Shipments allowed to be cleared under the express regime are
exempt from this regulation. Argentina’s Customs regulations for express shipments
limit the weight/value per shipment to 50kg or $1,000. However, any shipment sent IP
BSO or express shipments containing restricted commodities regardless of value that
cannot be cleared under the express regime are subject to DJAI. Per Customs,
shipments that do not meet the new DJAI requirements will be returned to the shipper at
their expense. The commodities listed below have a higher tendency of being subject to
DJAI requirements:
• Cell phones
• Digital cameras
• Laptops (value over $1,000 USD or with power supply)
• Used clothing
• Food and beverages
• Products containing animal or vegetable origin
• All electrical devices that have a power supply requiring higher than 50 volts to
operate
• Promotional items for conferences that exceed 50kg weight or $1,000 USD value
limit)
• Aircraft parts
• Sunglasses
• Cosmetics
• Finished textiles (samples that are not mutilated)
• Pharmaceutical products
• Medicine
It should be noted that small packages for unregistered importers are limited to two
shipments per year not exceeding $25 each and buyers must travel to the international
airport to pick them up.
Under Argentine law 22,802/83, the Bureau of Trade Regulation (Dirección de Lealtad
Comercial) of the Ministry of Economy’s Secretariat of Industry, establishes labeling
requirements for products in Argentina. The law requires that product labels bear all the
information that the customer needs, and that information is true and valid. The
Secretariat of Industry in the Ministry of Economy ensures transparency in all business
transactions and enforces the labeling regime.
Law 22,802 of 1983, known as the Merchandise Marking Act, supersedes Law 11,275 of
1923. The current law states the general and basic labeling requirements for domestic
or imported products, as follows:
Article 1: - All packaged products sold in Argentina will bear the following information on
a printed label in a visible manner on the package or container:
In some cases, the Government Regulatory bodies of each industry provide information
on the corresponding labeling requirements. For example, for information on labeling
requirements for the medical industry, hygiene and food products etc., the ANMAT (the
equivalent of the U.S. Food and Drug Administration, the regulatory body of the Ministry
of Health) provides additional information to the general rules for specific products.
Argentina has adopted the U.N. recommendations for the labeling and packing of
hazardous materials. For more information please refer to the International Maritime
Dangerous Goods Code (IMDG Code).
Argentina bans imports of live ruminants and their meat due to Bovine Spongiform
Encephalopathy (BSE) concerns according to Resolution 799/2010 that replaces former
Resolution 117/2002 an its amendments. Resolution 799/2010 defines the methodology
to be followed for the risk assessment of importation of live animals, their reproductive
material, and products and by-products of animal origin in relation to BSE occurrence.
Sweetbreads (thymus) were the highest valued and most competitive U.S. beef product
exported to Argentina that was affected by the BSE beef ban. The trade constraint
regarding the thymus sweetbread is an Argentine requirement that classifies thymus
sweetbreads as high risk for BSE. Argentina's Phytosanitary and Food Safety Agency
(SENASA) published for comment in January 2010 a draft regulation that will amend
117/2002 and will require a risk assessment before allowing imports of sweetbreads and
other animal products.
For additional information on animal products, please contact the U.S. Foreign
Agricultural Service in Argentina at agbuenosaires@fas.usda.gov.
At a national level, the General Customs Bureau (Dirección General de Aduanas, DGA)
applies, collects, and controls taxes under the Argentine Customs Code. Additionally, it
regulates other taxes on import and export transactions on behalf of other entities. In
general, the DGA applies and controls import and export transactions.
The DGA is part of the Federal Public Revenue Administration (Administración Federal
de Ingresos Públicos, AFIP). AFIP is an autonomous authority at the administrative
level, under the general supervision and legal control of the Ministry of Economy. It
executes the tax and customs policies set by the Executive Branch.
Contact Information
For Customs regulations, visit the AFIP’s online library at: http://biblioteca.afip.gov.ar/
(Spanish).
Standards Return to top
• Overview
• Standards Organizations
• Conformity Assessment
• Product Certification
• Accreditation
• Publication of Technical Regulations
• Labeling and Marking
• Contacts
A 1994 decree created the legal framework (Decree 1474/94) for standards-
related activities in Argentina.
Please note that agricultural and health-related products are subject to specific
and different voluntary standards and mandatory technical regulations. Medical
devices, pharmaceuticals, and foods are the purview of the National
Administration of Drugs, Foods, and Medical Devices (Administración Nacional
de Medicamentos, Alimentos y Tecnologia Medica - ANMAT).
There are two private sector organizations that work under the National System
for Standards, Quality and Certification. IRAM is the official national standards
body for the Republic of Argentina. The Argentine Accreditation Organization
(Organismo Argentino de Acreditación - OAA) is the accreditation body. These
are the only organizations that carry out standardization and accreditation in
Argentina. As of May 2013 there are Mutual Recognition Agreements between
major foreign certification organizations and IRAM. However, it is recommended
that exporters check the current status of these agreements prior to initiating new
business arrangements or significant shipments of goods that require IRAM
certification.
IRAM is also a certification organization, both for products and systems. Its
product certification mark, the "Sello IRAM", is widely recognized in the country
as indicating conformity to an IRAM voluntary standard. See below for the
mandatory safety mark.
In Argentina, most standards are voluntary. The buyer and seller share
responsibility in determining what product standard is applicable. Products
conforming to U.S. standards may or may not be acceptable. Reflecting long-
standing tradition and practice, products that meet European requirements are
often preferred. This preference may be expressed in procurement
specifications, in customary design and construction practices, or as market
issues.
Regulated products must display an official safety "S" mark to show they conform
to the regulations. However, as described above and due to implementation
issues, it is difficult to state with certainty at this time the products that must be
tested, certified, and marked as required by the resolutions. Customs agents,
freight forwarders, chambers of commerce and industry, and trade associations
may be useful resources to obtain information on requirements for specific
products.
INTI's position attracts interest and substantial technical support and cooperation
from foreign countries, most notably Germany, Japan, and the U.K. These, and
other countries such as France, regularly offer scholarships for long- and
medium-term training courses abroad. Other Argentine private and public
organizations also benefit from third country largesse.
Low voltage electrical equipment was the first product category subjected to
safety regulations and mandatory certification (Resolution 92/98). Regulations
have also been issued for toys, shoes, gas appliances and products, construction
steel, elevators, energy consumption and noise labeling of appliances, closures
for dangerous products, and personal protective equipment. Since the end of
1999, efforts have been concentrated in implementation rather than in adding
new categories of products to safety regulations. Full-phased implementation of
most regulations is not following original schedules.
Resolution 92/98 originally covered all low voltage electrical equipment, but
subsequent modifications have excluded various categories of products.
However, the vast majority of electrical and electronic products in the consumer
marketplace are still subject to this regulation. Evidence of compliance with the
regulation is mandatory through product certification. Resolution 92/98 provided
for a phased three-stage implementation, with different dates depending on the
product. Phase 1 calls for a sworn declaration of conformity, phase 2 provides
for a type-certification, and phase 3 requires full third-party certification with mark
of conformity.
Labeling requirements include safety information, voltage, fire safety, and child
safety information. Canned and bottled food labeling requirements include
ingredients, identification of manufacturer/importer, and manufacturing/expiration
dates. Pharmaceuticals must indicate the name of the responsible technical
director of the pharmaceutical laboratory, as well as the ingredients by
weight/volume.
ALADI
MERCOSUR
MERCOSUR-European Union
The two blocs had made the commitment of reaching an agreement in the
process of integration by October 2004, but several differences between the
blocs impeded final negotiations. These are broad and include goods, services,
investments, government procurement, and intellectual property rights, among
other issues. Negotiations continue as of this writing.
MERCOSUR-Mexico
In July 2004, Mexico was accepted by MERCOSUR as an “observer country”
within the bloc, with a view to its inclusion as associate member.
• Summary
• Openness to Foreign Investment
• Conversion and Transfer Policies
• Expropriation and Compensation
• Dispute Settlement
• Performance Requirements and Incentives
• Right to Private Ownership and Establishment
• Protection of Property Rights
• Transparency of Regulatory System
• Efficient Capital Markets and Portfolio Investment
• Competition from State Owned Enterprises
• Corporate Social Responsibility
• Political Violence
• Corruption
• Bilateral Investment Agreements
• OPIC and Other Investment Insurance Programs
• Labor
• Foreign-Trade Zones/Free Ports
• Foreign Direct Investment Statistics
• Web Resources
Argentina is still dealing with issues related to its 2001 default on nearly USD 100 billion
in debt, the largest sovereign debt default in history. In late 2013 and early 2014, the
government of Argentina (GOA) made some progress in normalizing its relations with
the international financial community. The GOA settled several outstanding international
arbitral awards, engaged with the International Monetary Fund (IMF) to improve
economic reporting data, and compensated the Spanish firm Repsol for the partial
expropriation of YPF in 2012. Argentina also signed bilateral agreements to repay nearly
USD 10 billion in arrears with the Paris Club group of creditors.
Argentina’s refusal to comply with a U.S. court ruling ordering the GOA to pay a group of
U.S. creditors who sued the country for the full value of their defaulted Argentine bond
holdings continues to restrict Argentina’s ability to service some of its sovereign debt
both at home and abroad. Argentina’s limited access to international financial markets
will continue to discourage investment until the issue is settled.
The World Trade Organization (WTO) in January 2015 ruled that the GOA’s all-
encompassing import licensing system violated international trade norms. The GOA
affirmed that it will comply with the WTO decision, but did not specify a timeframe for
adjustment. In the meantime, the system remains in place and reportedly causes
shortages and complicates the operations of businesses that are reliant on the
importation of goods for production and distribution. Factories and distributors
occasionally sit idle while the GOA delays granting approval to move inputs through
customs, a process that can be restrictive and unpredictable.
In 2014, in accordance with official figures, Argentina’s economic growth slowed to 0.5
percent and unemployment remained steady at 6.9 percent. Private sources reported
that the economy contracted about 2 percent and inflation reached 38 percent in 2014.
Central Bank international reserve levels ended 2014 around USD 30 billion, a slight
improvement from the previous year despite the GOA running current and financial
account deficits in 2014. Some private economists contend that liquid reserves are
actually lower. Argentina’s trade surplus, the country’s main source of foreign currency,
fell nearly 17 percent in 2014 compared with the previous year.
Argentina will hold presidential elections in October 2015, which will bring a change in
administration, as the current president is constitutionally precluded from standing for a
third term.
Openness to Foreign Investment Return to top
The GOA has signaled its desire to see continued foreign direct investment (FDI) flows
to enhance the nation’s productive capacity and GDP growth potential, and it took
actions in the past year to improve the investment climate in Argentina. To regain
investor confidence, the GOA settled several outstanding international arbitral awards,
engaged with the IMF to improve economic reporting data, and compensated the
Spanish-firm Repsol for the partial expropriation of YPF in 2012. Argentina also reached
agreements with the Paris Club group of creditors to repay USD 9.7 billion in arrears
over the next five years, including USD 642 million owed to the United States. Argentina
has already made two payments in the first year. The GOA revamped its hydrocarbon
regulations in 2014 with the aim of attracting new investments to develop Argentina’s
world class oil and gas resources.
Industrial Promotion
The GOA has established a number of investment promotion programs. These programs
allow for Value-Added Tax (VAT) refunds and accelerated depreciation of capital goods
for investors and offer tariff incentives for local production of capital goods. They also
include sectorial programs, free trade zones, and a Special Customs Area in Tierra del
Fuego Province, among other benefits. A complete description of the scope and scale of
Argentina’s investment promotion programs and regimes can be found at
http://www.industria.gob.ar, http://www.inversiones.gob.ar, and
http://www.mecon.gob.ar/.
Information about programs that specifically apply to small and medium businesses may
be found at http://www.industria.gob.ar/secretaria-pyme.
The GOA limits land foreign ownership of rural land through Law 26.737 (Regime for
Protection of National Domain over Ownership, Possession or Tenure of Rural Land)
established in 2011. Foreign ownership of rural land is restricted to a maximum of 15
percent of all national productive land. Individuals or companies from the same nation
may not hold over 30 percent of that amount; and individually each foreign individual or
company faces an ownership cap of 1,000 hectares (2,470 acres) in the most productive
farming areas, or the equivalent in terms of productivity levels in other areas. As
approved, the law is not retroactive. Section 11 of the Law establishes that “for the
purposes of this Law and according to the Bilateral Investment Treaties (BITs)
underwritten by the Republic of Argentina that are in force at the time this Law becomes
valid, the acquisition of rural land shall not be considered an investment as it is a non-
renewable natural resource provided by the host country.”
Regarding taxes, foreign and Argentine firms generally face the same tax liabilities. In
general, taxes are assessed on consumption, imports and exports, assets, financial
transactions, and property and payroll (social security and related benefits).
Privatization Program
No information available.
Screening of FDI
No information available.
Competition Law
The National Commission for Protection of Competition and the Secretary of Commerce,
both within the Ministry of Economy, have enforcement authority of the Antitrust Law
(Law 25.156). The law is aimed at ensuring the general economic interest and promotes
a culture of competition in all sectors of the national economy.
Investment Trends
Investor confidence remains low in the short-term and is more optimistic with regards to
the medium- and long-term. Argentina’s investment climate is dampened by concerns
with Argentina’s currency controls, deteriorating macroeconomic conditions, and
unresolved sovereign debt dispute with litigating U.S. hedge funds. Many established
companies in Argentina reported that they are planning to expand investment in
Argentina in the immediate or near future, with more economic stability and policy
certainty. Sectors of heightened interest are energy, mining, agribusiness,
telecommunications, technology, financial and infrastructure development. In early 2015,
the City of Buenos Aires and national oil company YPF raised about USD 500 million
each through bond issuances, demonstrating significant investor demand for Argentine
bonds. The bonds were bought mostly by European and U.S. fund managers and hedge
funds.
Table 1
Index or
Measure Year Rank Website Address
Foreign Exchange
Argentina has a managed float exchange rate policy. Conversion of the peso into foreign
currency is limited.
Remittance Policies
Beginning in January 2014, the GOA allowed residents to purchase a limited quantity of
foreign exchange for savings depending on the person’s declared income. The buyer
can choose to either withdraw the foreign currency within the first year and pay a 20
percent tax or leave the funds in a local bank for at least a year and pay no tax.
Since 2011, government restrictions on foreign currency purchases have led to the
expansion of an informal retail foreign exchange market. The informal dollar rate
reached a high of nearly 16 Argentine Pesos to the U.S. Dollar (ARS/USD) in September
2014, exceeding the official exchange rate (approximately ARS 8.5 pesos to the USD)
by more than 80 percent. The GOA launched aggressive investigations and enforcement
operations in the unofficial dollar markets in late 2014, leading to a reduction in the gap
between the official and unofficial rates. As of this publication, the gap has dropped
below 40 percent.
Companies have reported difficulties in exchanging pesos for dollars in order to pay for
imports. These measures reportedly are in place to address balance of payments
concerns. Such restrictions have resulted in occasional goods shortages and difficulties
for companies doing business in Argentina. Companies must complete multiple steps to
import a good into the country. Certificates-of-origin for some goods must be notarized
by the Argentine embassy or consulate in the country in which they were produced. This
procedure is the same for products that have multiple parts from multiple countries. The
company must then obtain import license approval, which is known by its Spanish-
language acronym DJAI. Following DJAI approval, companies must then petition the
Central Bank for access to foreign exchange. As of April 2015, about USD 5 billion of
requests were pending at the Central Bank.
In order to import goods, companies are also often asked to submit detailed financial
and operational information such as their investment plans for the following year. During
2014, the private sector has reported a strengthening of various non-tariff barriers to the
importation of goods into the country. Companies reported that the inability to budget for
inventory limits their ability to plan for investment.
The GOA subjects speculative capital inflows to three major requirements: (a)
investments may not be transferred out of the country for 365 days after their entry; (b)
proceeds from foreign exchange transactions involving these investments must be paid
into an account in the local financial system; and (c) a 30 percent unremunerated
reserve requirement, meaning 30 percent of such transactions must be deposited in a
local financial entity for 365 days in an account that is denominated in dollars and
receives no interest payment . There are some notable exceptions to the deposit
requirement. A deposit is not required for capital inflows to finance energy infrastructure.
Nor is a deposit required on inflows for the purchase of real property by foreigners as
long as the foreign exchange liquidation occurs on the day of settlement (and transfer of
the title). A deposit is also not required for inflows from foreigners to be used for (a) tax
payment and (b) social security contributions within 10 days of the settlement of the
foreign currency. In October 2011, the Central Bank imposed new market controls on
non-residents. They are now required to immediately “register capital inflows into the
local foreign exchange market when they purchase a local company, contribute capital,
or purchase real estate.”
Foreign entities are banned from participating in Central Bank initial bond offerings, but
foreign firms may trade Central Bank debt instruments on the secondary market. The
Central Bank also requires that exporters deposit the proceeds in U.S dollars from
exports into local banks (cuentas de corresponsalía de entidades financieras locales)
within a specified number of days depending on the good exported (usually between 10-
30 days).
Hard currency earnings on exports, both from goods and services, must be converted to
pesos in the local foreign exchange market. In 2011, the GOA eliminated the exceptions
previously granted to hydrocarbon and mining exports. These firms must now convert
their revenues to pesos on the local foreign exchange market. Revenues from re-exports
of some temporary imports and exports to Argentine foreign trade zones are still
exempted from this requirement.
In October 2011, the Argentine insurance regulator issued Resolution 36.162 requiring
all investments and cash equivalents held by locally registered insurance companies be
located in Argentina. This has exposed insurance companies to greater country risk
since they are unable to diversify their assets outside of Argentina. In 2012, the GOA
further expanded the investment requirements for insurance companies requiring them
to allocate part of their overall investments in “instruments related to local productive
projects.” The minimum percentage required ranges from 5 percent for labor risk
insurers to 10 percent for property insurers and 12 percent for life insurers. A
government committee composed of the secretaries of Finance, Economic Policy and
Development, Internal Trade, Industry, and SMEs as well as the superintendent of
Insurance determine the projects eligible to receive such investments.
The Argentine Central Bank issued Circular A5272/73 in January 2012 increasing bank
liquidity requirements for operational risks and minimum capital requirements, which
sharply limited dividend payments.
The Central Bank expanded in 2012 the list of activities involving the transfer of money
abroad by local subsidiaries to headquarters that require prior approval (Circular A5295).
These activities now include: IT services; business and professional services’ royalties,
patents, trademarks and copyrights; commercial guarantee payments on exports of
goods and services; foreign film, audio and video rights; and services for technology
transfer, and rental and leasing income, among other activities. The regulations apply to
transactions greater than USD 150,000 in value; however, in practice every payment
requires a so-called DJAS license approval, the services equivalent of the DJAI.
In February 2014, the Central Bank issued Circular A5536 capping the foreign exchange
exposure of private banks. The norm limits a financial institutions’ foreign currency
exposure to 30 percent of their net worth and future exchange rate contracts to 10
percent. Private estimates suggest that 50 percent of the positions held by banks in
Argentina are dollarized, representing nearly USD 9 billion in assets.
In October 2014, the Financial Action Task Force recognized Argentina’s progress in
improving its Anti-Money Laundering/Combating the Financing of Terrorism (AML/CFT)
regime and removed the country from the FATF’s monitoring process. The FATF
determined the country had established the legal and regulatory framework to meet its
commitments in its action plan regarding the strategic deficiencies that the FATF had
identified in June 2011. Argentina continues to work with FATF to address the full range
of AML/CFT issues identified in its mutual evaluation report and will make annual reports
on its progress.
Expropriation and Compensation Return to top
Section 17 of the Argentine constitution affirms the right of private property and states
that any expropriation must be authorized by law and be previously compensated. The
United States-Argentina Bilateral Investment Treaty states that investments shall not be
expropriated or nationalized except for public purpose upon prompt payment of the fair-
market value in compensation. In October 2008, the government nationalized
Argentina’s private pension funds, which amounted to approximately one-third of total
GDP, and transferred the funds to the government social security agency. In December
2008, the Argentine parliament also passed legislation nationalizing the Spanish-owned
flag air carrier Aerolineas Argentinas.
The GOA announced the nationalization of the train and railway system in March 2015,
which was approved by Congress in April 2015.
Argentina follows a Civil Law system. The Civil and Commercial Code provides
regulations for civil and commercial liability, including ownership of property. Contracts
include provisions for settlement of disputes, where parties agree to bring their
controversies to definite courts in the event of disagreements. In 2014, GOA passed a
new Civil and Commercial Code that will go into effect in August 2015.
Intellectual property claims fall under the federal civil and commercial courts. There have
been complaints of executive branch’s interference in judicial matters, mainly through
the appointment or dismissal of prosecutors and judges. The current judicial process is
lengthy and suffers from significant backlog, causing it to be considered ineffective and
not reliable for many individuals.
Bankruptcy
Argentina’s bankruptcy law was codified in 1995 in Law 24,522. The full text can be
found at: http://www.infoleg.gov.ar/infolegInternet/anexos/25000-
29999/25379/texact.htm (Spanish). Under the law, debtors are generally able to begin
insolvency proceedings when they are no longer able to pay their debts as they mature.
Debtors may file for both liquidation and reorganization.
Investment Disputes
Prior to and following the 2001-02 Argentine economic crisis, a number of U.S. investors
in privatized public utilities filed in the International Centre for the Settlement of
Investment Disputes (ICSID Convention) claims against the GOA, arguing that
government rulings decentralizing public utility tariffs to foreign inflation indices and a
January 2002 known as pesofication of dollar-denominated contracts was a form of
indirect expropriation of their investments. In addition, some U.S. investors filed ICSID
claims based on unforeseen changes to the tax laws. Customs treatment and delays in
re-negotiating public utility rate changes also provoked investment disputes. Following
the 2001-2002 economic crisis, more than fifty ICSID claims, throughout several sectors
were tied to Argentina’s nationalization and pesofication initiatives.
In 2013, Argentina settled three of the ICSID awards involving U.S. investors by paying
them a portion of the judgment. A number of ICSID cases filed by U.S. investors are
pending resolution with Argentina.
Argentina continues to deal with its historic sovereign debt default from its 2001 financial
crisis. The government swapped ninety-two percent of the USD 82 billion in defaulted
sovereign debt in 2005 and 2010 for a mix of new bonds with a substantial loss in net
present value. Some bondholders, known as the holdouts, did not participate in the
swaps and continue to pressure Argentina via the U.S. courts to settle its outstanding
debt for the actual amount owed plus interest. A U.S. court ruling in 2012 (and affirmed
in 2014) determined that Argentina may not pay on its restructured debt unless it also
makes equal treatment payments to the holdouts. Argentina has failed to settle with the
holdouts, but attempted to pay on the restructured debt despite the U.S. court order. To
try to enforce compliance, the U.S. court issued an injunction barring financial
intermediaries from passing along any bond payments Argentina makes on its
restructured debt unless the country also pays the holdouts, which has effectively
blocked the payments. On March 12, 2015, the U.S. judge in the case issued a ruling
that the injunction covering financial intermediaries extends to payments on a series of
restructured bonds governed by Argentine law and denominated in U.S. dollars. At the
time of this report, negotiations were ongoing between Argentina and the holdouts.
International Arbitration
The GOA officially accepts the principle of international arbitration. The United States-
Argentina BIT provides for international arbitration of investment disputes that cannot be
settled amicably.
The GOA is a member of the International Center for the Settlement of Investment
Disputes (ICSID), the United Nations Commission on International Trade Law
(UNCITRAL), and the World Bank’s Multilateral Investment Guarantee Agency (MIGA).
Argentina ratified the United Nations' Convention on the Recognition and Enforcement of
Foreign Arbitral Awards in 1989. Companies that seek recourse through Argentine
courts may not also pursue recourse through international arbitration.
Duration of Dispute Resolution
WTO/TRIMS
Argentina has been a World Trade Organization (WTO) member since 1995. Argentina’s
import licensing requirements often cause delays in, or prevent, the importation of goods
necessary for production and consumption. The WTO in January 2015 ruled that the
import licenses and other trade balancing schemes required by Argentina violate
international trade rules, in a case filed by the United States, Japan, and the European
Union. The GOA has publicly stated its intent to comply with the WTO ruling but has yet
to make adjustment to its trade regime.
In addition to the import licenses, companies also need to apply for authorization to
make payments abroad for services received. This mainly affects international
companies’ ability to pay foreign headquarters or branches for centralized services such
as executive oversight, accounting and human resource management services. During
the last year, companies reported increased scrutiny by the GOA over their transfer
pricing and foreign payments transactions. In November 2014, the GOA established a
Unit of Monitoring and Traceability of Foreign Trade Operations, through decree
2013/2014, with the stated aim of tracking all international trade operations to ensure
transparency and accuracy and to prevent over- and under- invoicing by commercial
entities.
Since September 2014, any foreign payments amounting to more than USD 150,000
require Central Bank authorization. Companies reported that this requirement further
creates delays in their ability to import goods.
These practices are not written in regulation or law but are administrated by the
Secretary of Commerce. In practice, any significant payment even of less than USD
150,000 can be delayed by the Central Bank depending on the amount of dollars it
thinks it can spend on any given day.
Investment Incentives
Government incentives apply to both foreign and domestic firms alike. The federal
government, as well as provincial and municipal, offers several incentives to attract
investment to specific economic sectors such as capital assets and infrastructure,
innovation and technological development and energy. More details of these programs
can be found here: http://www.inversiones.gov.ar/es/incentivos-la-inversion or
http://www.prosperar.gov.ar/.
Data Storage
In general terms, foreign investors have the same rights as Argentines to establish and
own businesses, or to acquire and dispose of interests in businesses.
The media law caps foreign capital ownership of media outlets at 30 percent; requires a
minimum national content of between 60 to 70 percent; requires that all transmission
signals be owned totally or partially by the national government; establishes a minimum
screen quota for Argentine movies; imposes a 0.5 percent of annual revenue fee on
foreign programmers for acquiring Argentine films; requires advertisement transmitted by
broadcast channels or national channels be produced locally; dictates that all investment
in advertising on a non-national signal be covered by exemptions and reductions to
income tax; gives foreign media operations differing tax treatment from local companies;
and limits the number of broadcasting licenses (based on geography and market
segment) to be held by a single licensee. Measures regarding the limitation of foreign
ownership in media outlets are not retroactively applied to existing foreign investments
currently covered by BIT provisions of non-discriminatory treatment. The U.S.-Argentina
BIT contains such protection for U.S. firms.
Real Property
In April 2002, the United States and Argentina reached an agreement with respect to
most of the claims in a WTO dispute brought by the United States with respect to
Argentina’s implementation of its Trade Related Aspects of Intellectual Property Rights
(TRIPS) obligations. New patent legislation implementing part of the April 2002
agreement was passed in December 2003. Several issues remain unresolved, however.
The United States and Argentina have agreed to leave these issues within the WTO
dispute settlement mechanism for action.
Some U.S. and European pharmaceutical firms have expressed concern that some
provisions in the amended legislation limit their ability to protect patented products via
the use of judicial injunctions to prevent patent violations. The unlicensed production by
Argentine firms of pharmaceuticals whose patent rights are owned by foreign companies
is a longstanding concern to foreign pharmaceutical companies. In May 2012, INPI
published a joint Resolution (118/2012, 546/2012 and 107/2012) that sets new
standards for chemical and pharmaceutical patent applications. The guidelines instruct
patent examiners to reject new use, new form, and new formulation patents, and specify
a number of other changes to drugs that will no longer be acceptable. Companies have
stated that the measures were implemented without sufficient transparency and that they
significantly diminish protection of their intellectual property, and that these regulations
are inconsistent with Argentina’s Trade Related Intellectual Property Rights (TRIPs)
commitments. Also, INPI does not always offer a formal comment period when
implementing new procedures. The pharmaceutical and biotechnical industries are the
most affected by these regulations, especially, with regard to the prohibition of
secondary inventions.
Pharmaceutical and biotech firms assert that during 2014, the GOA did not provide
effective data protection for their products (data protection refers to the protection of
confidential and proprietary information that companies demonstrate to the health
regulators that approve the sale of a new drug). Firms are concerned that the lack of
data protection could lead to unfair commercial use and hinder investments in the sector.
Many industry observers claim that the trademark law, passed in 1980, provides civil
damages that are insufficient to be an effective deterrent. The judiciary is reluctant to
impose deterrent penalties such as prison sentences in criminal cases, and it is rare that
companies press criminal charges. The government of Argentina has passed laws
designed to allow authorities to mount undercover operations; to flag electronically-
suspect shipments; to facilitate the seizure and detention of suspect merchandise; and
to rotate more frequently customs personnel. Also, the Customs administration in 2006
instituted a voluntary trademark registry and owner notification program. Some industry
actors have noted that further protection for trademark owners should include the right to
demand destruction of fraudulent goods to prevent reentry to the market. Currently,
when a customs official encounters counterfeit goods, he must notify police authorities to
seize the goods and proceed with appropriate legal procedure for each given case. The
rights holders are responsible for paying for the storage and destruction of counterfeit
goods. The government has decreased the time needed for trademark registration and
increased the rate at which trademarks are registered. Argentina has no specific law on
trade secrets although penalties for unauthorized revelation of trade secrets are applied
to a limited degree under commercial law. Argentina has signed the WIPO Treaty on
Integrated Circuits, but has no law dealing specifically with the protection of layout
designs and semiconductors.
Although Argentina’s copyright law dates to 1930, it does provide a sound legal
framework to protect intellectual property such as books, films, music, and software.
Copyright piracy of audio and video in CD and DVD formats continues to flourish.
Industry reports that the level of enforcement against piracy of copyrighted goods is
“very weak” both in law enforcement and the judicial branch. Vendors selling illegal
copies can be seen through Buenos Aires subway stations and street corners. Industry
reported street vending of pirated goods increased significantly in 2014, unchecked by
local law enforcement.
Argentina has the largest black market in South America, called “La Salada”, which sells
counterfeit and pirated products. “La Salada” itself has reportedly continued its
expansion to now include multiple stories and more stores and several branches
throughout Argentina. Smaller “Las Saladitas” have proliferated throughout Buenos
Aires. The number of illegal street vendors selling counterfeits and pirated goods
increased more than 100 percent during 2014 compared to 2013, according to the
Argentine Chamber of Commerce.
For additional information about treaty obligations and points of contact at local IP
offices, please see WIPO’s country profiles at http://www.wipo.int/directory/en/.
Resources for Rights Holders
Embassy Contact:
María Soledad Iglesias Liste
IglesiasS@state.gov
U.S. Embassy, Buenos Aires, Argentina
Over the last year, the GOA passed a number of laws that increase the ability of the
government to determine companies’ profits and production quotas. The national Supply
Law, approved September 2014, allows the Secretary of Commerce to determine profit
margins and reference prices for every stage of the productivity chain and set supply
quotas. The Law also establishes severe sanctions ranging from fines to temporary
closure for businesses found by the government to be artificially or unjustifiably
increasing prices or hoarding inventories.
The Argentine government approved the Argentine Digital Law in early 2015 that
enables the government to regulate the interconnection tariffs of telecommunications
and cable companies.
In general, national taxation rules do not discriminate against foreigners or foreign firms
(e.g., asset taxes are applied to equity possessed by both domestic and foreign entities).
Government tax authorities scrutinize tax declarations of foreign corporations operating
in Argentina with the intent of curbing the use of offshore shell corporations to shelter
profits and assets from taxation. This has led to tax disputes with foreign-owned firms
that have structured their operations in a manner they believe to be consistent with
Argentine law, while minimizing total corporate tax obligations to all of the countries in
which they operate.
The Argentine Congress approved in November 2012 a new law to amend regulations
over the domestic stock market. The bill expands the local capital market, but it also
provides for greater regulatory intervention in financial deals and corporate
administration of listed companies.
U.S. banks, securities firms, and investment funds are well-represented in Argentina and
are dynamic players in local capital markets. In 2003, the government began requiring
foreign banks to disclose to the public the nature and extent to which their foreign parent
banks guarantee their branches or subsidiaries in Argentina. In April 2015, the Argentine
Securities Exchange Commission (CNV) suspended Citibank Argentina from operating
in capital markets and ordered the removal of its CEO due to the bank’s efforts to
extricate itself from a dispute over the country’s bond payments tied to litigation in U.S.
courts between the GOA and a group of U.S. hedge funds.
The private pension fund system -- consolidated in 1995 -- provided a growing base for
capital markets until the 2001-02 economic and financial crises. Following the
government’s 2005 debt restructuring, private pension funds once again became
significant players in domestic capital markets. The government’s nationalization of the
private pension funds’ assets in November 2008 shut down the funds’ investment
activities, however. As a result of the nationalization, Argentina’s Social Security Agency
(Administración Nacional de la Seguridad Social - ANSES) now holds large equity
stakes in domestic and foreign firms trading on the local stock exchange, and has also
taken on the private pension funds’ holdings of federal and provincial government debt.
This nationalization considerably decreased the liquidity and depth of the securities
market in Argentina.
Following new provisions introduced in the Central Bank charter reform approved in mid-
2012, the Central Bank has required banks operating in Argentina holding at least 1
percent of total market deposits to lend at least 5 percent of their deposits -- for
“productive investments” at an interest rate that are below market rates, and even below
private estimates of inflation. This program has been extended and recently the loans
have been oriented to focus on small and medium sizes enterprises. Since its
implementation, banks have issued over AR$ 100 billion in loans. The government also
mandates interest rate caps and limits on bank fees, limiting banks’ profit margins.
Banks are required to offer credit to both corporate borrowers and small and medium-
sized enterprises at below-market rates, which further constrains profitability.
Argentina has a relatively sound banking sector. The largest bank is the Banco de la
Nación Argentina. In recent years, the GOA has imposed a range of policies that have
negatively affected business conditions and banks’ financial strength, including dividend
payment and foreign exchange market restrictions, caps on lending rates and fees, and
lending requirements to targeted sectors. However, non-performing private sector loans
constitute less than 2 percent of banks’ portfolios. The ten largest private banks have
total assets of approximately ARS 564 billion (USD 64 billion). Total financial system
assets are approximately ARS 1.230 trillion (USD 140 billion).
The Argentine government owns state owned enterprises (SOEs) in the following
sectors: civil commercial aviation, water and sanitation, oil and gas, electricity
generation, transport, paper production, banking, railway, shipyard, and aircraft ground
handling services. A list of state-own enterprises and enterprises under concession can
be found here: http://www.adminpublica.org.ar/EF_EmpresasPublicas.htm.
By Argentine law, a company is considered a public enterprise if the state owns 100
percent of the company’s shares. The state has majority control over a company if the
state owns 51 percent of the company’s shares. The state has minority participation in a
company if the state owns less than 51 percent of the company’s shares. Argentine Law
25.156 regulates state-owned enterprises and enterprises with state participation.
Through the government’s social security agency (ANSES), the GOA owns stakes
ranging from 1 percent to 31 percent in 46 publically-listed companies. U.S. investors
also own shares in some of these companies. As part of the ANSES takeover of
Argentina’s private pension system in 2008, the government agreed to commit itself to
being a passive investor in the companies and limit the exercise of its voting rights to 5
percent, regardless of the percentage of a company the social security agency actually
owned. In April 2011, the GOA removed the 5 percent cap and moved to increase
ANSES’ influence over these companies by nominating members for their boards of
directors and exercising influence over issues such as dividend payments.
Not applicable.
Foreign and local enterprises both tend to follow generally accepted CSR principles.
Argentina subscribed to the Declaration on the OECD Guidelines for Multinational
Enterprises on April 1997.
Demonstrations are common in metropolitan Buenos Aires and occur in other major
cities and rural areas. Protesters on occasion block streets, highways, and major
intersections, causing traffic jams and delaying travel. While demonstrations are usually
nonviolent, individuals sometimes seek confrontation with the police and vandalize
private property. Groups occasionally protest in front of the U.S. Embassy or U.S.-
affiliated businesses. Though political violence is always concerning, it is not widely
considered a hindrance to the investment climate in Argentina.
Corruption, including bribery, raises the costs and risks of doing business. Corruption
has a corrosive impact on both market opportunities overseas for U.S. companies and
the broader business climate. It also deters international investment, stifles economic
growth and development, distorts prices, and undermines the rule of law.
It is important for U.S. companies, irrespective of their size, to assess the business
climate in the relevant market in which they will be operating or investing, and to have an
effective compliance program or measures to prevent and detect corruption, including
foreign bribery. U.S. individuals and firms operating or investing in foreign markets
should take the time to become familiar with the relevant anticorruption laws of both the
foreign country and the United States in order to properly comply with them, and where
appropriate, they should seek the advice of legal counsel.
The U.S. Government seeks to level the global playing field for U.S. businesses by
encouraging other countries to take steps to criminalize their own companies’ acts of
corruption, including bribery of foreign public officials, by requiring them to uphold their
obligations under relevant international conventions. A U. S. firm that believes a
competitor is seeking to use bribery of a foreign public official in international business,
for example to secure a contract, should bring this to the attention of appropriate U.S.
agencies, as noted below.
U.S. Foreign Corrupt Practices Act: In 1977, the United States enacted the Foreign
Corrupt Practices Act (FCPA), which generally makes it unlawful for U.S. persons and
businesses (domestic concerns), and U.S. and foreign public companies listed on stock
exchanges in the United States or which must file periodic reports with the Securities
and Exchange Commission (issuers), to offer, promise or make a corrupt payment or
anything of value to foreign officials to obtain or retain business. The FCPA also applies
to foreign firms and persons who take any act in furtherance of such a corrupt payment
while in the United States. In addition to the anti-bribery provisions, the FCPA contains
accounting provisions applicable to public companies. The accounting provisions require
issuers to make and keep accurate books and records and to devise and maintain an
adequate system of internal accounting controls. The accounting provisions also prohibit
individuals and businesses from knowingly falsifying books or records or knowingly
circumventing or failing to implement a system of internal controls. In order to provide
more information and guidance on the statute, the Department of Justice and the
Securities and Exchange Commission published A Resource Guide to the U.S. Foreign
Corrupt Practices Act, available in PDF at:
http://www.justice.gov/criminal/fraud/fcpa/guidance/. For more detailed information on
the FCPA generally, see the Department of Justice FCPA website at:
http://www.justice.gov/criminal/fraud/fcpa/.
Argentina is a member of the OECD Working Group on Bribery, the organization that
monitors compliance with the OECD Convention. Argentina underwent its Phase 3
Working Group evaluation in December 2014 at which time the group found that
Argentina was “seriously non-compliant with key articles of the convention, including
introducing corporate liability for foreign bribery.” The Working Group also found
persistent, systemic deficiencies in Argentina’s criminal justice system and ability to
detect and report foreign bribery. As a consequence, Argentina will be required to
undergo a supplemental Phase 3 evaluation before the end of 2016.
Argentina’s legal system incorporates measures addressing public sector corruption and
a number of government institutions tasked with using them to fight corruption including
the Anti-Corruption Office (ACO) (Oficina Anticorrupción), the National Auditor General,
and the General Comptroller’s Office. Public officials are subject to financial disclosure
laws, and the Ministry of Justice’s ACO is responsible for analyzing and investigating
federal executive branch officials based on their financial disclosure forms. The ACO is
also responsible for investigating corruption within the federal executive branch or in
matters involving federal funds, except for funds transferred to the provinces. While the
ACO does not have authority to independently prosecute cases, it can refer cases to
other agencies or serve as the plaintiff and request a judge to initiate a case.
UN Convention: The UN Convention entered into force on December 14, 2005, and
there are 174 parties to it as of March 2015 (see
http://www.unodc.org/unodc/en/treaties/CAC/signatories.html). The UN Convention
requires countries to establish criminal and other offences to cover a wide range of acts
of corruption, from basic forms of corruption such as bribery and solicitation,
embezzlement, and trading in influence to the concealment and laundering of the
proceeds of corruption. The Convention contains transnational business bribery
provisions that are functionally similar to those in the OECD Antibribery Convention and
contains provisions on private sector auditing and books and records requirements.
Other provisions address matters such as prevention, international cooperation, and
asset recovery. Argentina also has signed and ratified the UN Convention against
Corruption (UNCAC) and is an active participant in UNCAC’s Conference of State
Parties.
OAS Convention: In 1996, the Member States of the Organization of American States
(OAS) adopted the first international anticorruption legal instrument, the Inter-American
Convention against Corruption (OAS Convention), which entered into force in March
1997. The OAS Convention, among other things, establishes a set of preventive
measures against corruption, provides for the criminalization of certain acts of
corruption, including transnational bribery and illicit enrichment, and contains a series of
provisions to strengthen the cooperation between its States Parties in areas such as
mutual legal assistance and technical cooperation. As of January 2015, the OAS
Convention has 34 parties (see http://www.oas.org/juridico/english/Sigs/b-58.html) and
the follow-up mechanism created in 2001 (MESICIC) has 31 members (see
http://www.oas.org/juridico/english/mesicic_intro_en.htm). Argentina is a party to the
OAS Inter-American Convention Against Corruption.
Council of Europe Criminal Law and Civil Law Conventions on Corruption: Many
European countries are parties to either the Council of Europe (CoE) Criminal Law
Convention on Corruption, the Civil Law Convention on Corruption, or both. The
Criminal Law Convention requires criminalization of a wide range of national and
transnational conduct, including bribery, money-laundering, and accounting offenses. It
also incorporates provisions on liability of legal persons and witness protection. The
Civil Law Convention includes provisions on whistleblower protection, compensation for
damage relating to corrupt acts, and nullification of a contract providing for or influenced
by corruption, inter alia. The Group of States against Corruption (GRECO) was
established in 1999 by the CoE to monitor compliance with these and related anti-
corruption standards. Currently, GRECO comprises 49 member States (48 European
countries and the United States). See
http://www.coe.int/t/dghl/monitoring/greco/general/about_en.asp. As of January 2015,
the Criminal Law Convention has 44 parties and the Civil Law Convention has 35 (see
http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?CL=ENG&NT=173;
http://conventions.coe.int/Treaty/Commun/QueVoulezVous.asp?CL=ENG&NT=174).
Argentina is not a party to the Council of Europe Conventions.
Local Laws: U.S. firms should familiarize themselves with local anticorruption laws, and,
where appropriate, seek legal counsel. While the U.S. Department of Commerce cannot
provide legal advice on local laws, the Department’s U.S. and Foreign Commercial
Service can provide assistance with navigating the host country’s legal system and
obtaining a list of local legal counsel.
Assistance for U.S. Businesses: The U.S. Department of Commerce offers several
services to aid U.S. businesses seeking to address business-related corruption issues.
For example, the U.S. and Foreign Commercial Service can provide services that may
assist U.S. companies in conducting their due diligence as part of the company’s
overarching compliance program when choosing business partners or agents overseas.
The U.S. and Foreign Commercial Service can be reached directly through its offices in
every major U.S. and foreign city, or through its website at www.trade.gov/cs.
The United States provides commercial advocacy on behalf of exporters of U.S. goods
and services bidding on public sector contracts with foreign governments and
government agencies. An applicant for advocacy must complete a questionnaire
concerning its background, the relevant contract, and the requested U.S. Government
assistance. The applicant must also certify that it is in compliance with applicable U.S.
law, that it and its affiliates have not and will not engage in bribery of foreign public
officials in connection with the foreign project, and that it and its affiliates maintain and
enforce a policy that prohibits bribery of foreign public officials. Problems, including
alleged corruption by foreign governments or competitors, encountered by U.S.
companies in seeking such foreign business opportunities can be brought to the
attention of appropriate U.S. government officials, including local embassy personnel,
and reported through the Department of Commerce Trade Compliance Center “Report a
Trade Barrier” Website at tcc.export.gov/Report_a_Barrier/index.asp. Potential
violations of the FCPA can be reported to the Department of Justice via email to
FCPA.Fraud@usdoj.gov.
Guidance on the U.S. FCPA: The Department of Justice’s (DOJ) FCPA Opinion
Procedure enables U.S. firms and individuals and issuers to request a statement of the
Justice Department’s present enforcement intentions under the anti-bribery provisions of
the FCPA regarding actual, prospective business conduct. The details of the opinion
procedure are available on DOJ’s Fraud Section Website at
www.justice.gov/criminal/fraud/fcpa and general information is contained in Chapter 9 of
the publication A Resource Guide to the U.S. Foreign Corrupt Practices Act, at
http://www.justice.gov/criminal/fraud/fcpa/guidance/. Although the Department of
Commerce has no enforcement role with respect to the FCPA, it supplies general
information to U.S. exporters who have questions about the FCPA and about
international developments concerning the FCPA. For further information, see the Office
of the General Counsel, U.S. Department of Commerce, website, at
http://www.osec.doc.gov/ogc/occic/tabi.html. More general information on the FCPA is
available at the websites listed below.
Exporters and investors should be aware that generally all countries prohibit the bribery
of their public officials, and prohibit their officials from soliciting bribes under domestic
laws. Most countries are required to criminalize such bribery and other acts of
corruption by virtue of being parties to various international conventions discussed
above.
Since Argentina became a Party to the OECD Convention in 2001, ten allegations of
Argentine individuals or companies bribing foreign officials have surfaced. Three of the
allegations are under investigation. An investigation into one allegation was not opened
because of a lack of information. Investigations into two allegations ended without
charges. A seventh allegation was determined not to involve foreign bribery but other
offences after an investigation. At the time of OECD’s last reporting in December 2014, it
remains unconfirmed whether the remaining cases involve foreign bribery.
Anti-Corruption Resources
Some useful resources for individuals and companies regarding combating corruption in
global markets include the following:
• Information about the U.S. Foreign Corrupt Practices Act (FCPA), including A
Resource Guide to the U.S. Foreign Corrupt Practices Act, translations of the
statute into numerous languages, documents from FCPA related prosecutions and
resolutions, and press releases are available at the U.S. Department of Justice’s
Website at: http://www.justice.gov/criminal/fraud/fcpa and
http://www.justice.gov/criminal/fraud/fcpa/guidance/.
• The U.S. Securities and Exchange Commission FCPA Unit also maintains an FCPA
website, at: https://www.sec.gov/spotlight/fcpa.shtml. The website, which is updated
regularly, provides general information about the FCPA, links to all SEC
enforcement actions involving the FCPA, and contains other useful information.
• Additional country information related to corruption can be found in the U.S. State
Department’s annual Human Rights Report available at
http://www.state.gov/g/drl/rls/hrrpt/.
• The Asia Pacific Economic Cooperation (APEC) Leaders have also recognized the
problem of corruption and APEC Member Economies have developed
anticorruption and ethics resources in several working groups, including the Small
and Medium Enterprises Working Group, at http://businessethics.apec.org/, and the
APEC Anti-Corruption and Transparency Working Group, at
http://www.apec.org/Groups/SOM-Steering-Committee-on-Economic-and-
Technical-Cooperation/Working-Groups/Anti-Corruption-and-Transparency.aspx.
For more information on APEC generally, http://www.apec.org/.
There are many other publicly available anticorruption resources that may be useful,
some of which are listed below without prejudice to other sources of information that
have not been included. (The listing of resources below does not necessarily constitute
U.S. Government endorsement of their findings.)
• The World Bank Institute’s Worldwide Governance Indicators (WGI) project reports
aggregate and individual governance indicators for 215 economies over the period
1996-2013, for six dimensions of governance (Voice and Accountability, Political
Stability and Absence of Violence, Government Effectiveness, Regulatory Quality,
Rule of Law, and Control of Corruption). See
http://info.worldbank.org/governance/wgi/. The World Bank Business Environment
and Enterprise Performance Surveys may also be of interest and are available at:
http://data.worldbank.org/data-catalog/BEEPS. See also the World Bank Group
Doing Business reports, a series of annual reports measuring regulations affecting
business activity, available at: http://www.doingbusiness.org/
• The World Economic Forum publishes every two years the Global Enabling Trade
Report, which assesses the quality of institutions, policies and services facilitating
the free flow of goods over borders and to their destinations. At the core of the
report, the Enabling Trade Index benchmarks the performance of 138 economies in
four areas: market access; border administration; transport and communications
infrastructure; and regulatory and business environment. See
http://www.weforum.org/reports/global-enabling-trade-report-2014.
In 1991, Argentina and the United States signed a Bilateral Investment Treaty (BIT). The
agreement was ratified by both countries entering into force on October 20, 1994. The
Argentina-United States BIT can be found on the following site:
http://www.state.gov/e/eb/ifd/c14408.htm.
The BIT provides protections against capital movement restrictions, expropriations, and
performance requirements; it also establishes a means for the settlement of investment
disputes. The BIT lists sectors in which Argentina maintains exceptions to national
treatment for U.S. investors: real estate in border areas, air transportation, shipbuilding,
nuclear energy, uranium mining, and fishing. U.S. investors must obtain permission from
the Ministry of Defense’s Superintendency for Frontiers to invest in non-mining activities
in border areas.
Currently, Argentina has over 50 BITs and double taxation treaties (DTAs) in force.
Among those countries there is Australia, United Kingdom, Denmark, Germany,
Belgium, France, Italy, Sweden, Canada, Bolivia, Brazil, Finland, Norway, and the
Netherlands. In addition, a number of treaties concerning the exemption of income tax
from international transport are in force.
In October 2014, the Government of Argentina signed a resolution with 50 other
countries, agreeing to the automatic exchange of banking information to improve fiscal
transparency. The agreement, which was spearheaded by the Organization for
Economic Co-operation and Development (OECD), will allow the Argentine Tax
Authority AFIP access information on foreign bank accounts held by Argentines. The
agreement is expected to begin implementation in 2017. Detailed information of the
Argentina’s international agreement related to taxes can be found at
http://www.afip.gov.ar/institucional/acuerdos.asp.
During the last year, several commercial and investment agreements have been signed
between the GOA and China. The specific terms and conditions of the agreements are
not publicly available, causing consternation in the private sector over the lack of
transparency.
Argentina does not have a bilateral tax treaty with the United States.
The GOA signed a comprehensive agreement with the Overseas Private Investment
Corporation (OPIC) in 1989. The agreement allows OPIC to insure U.S. investments
against risks resulting from expropriation, inconvertibility, war or other conflicts affecting
public order. OPIC programs are currently used in Argentina. Argentina is also a
member of the World Bank’s Multilateral Investment Guarantee Agency (MIGA).
Argentine workers are among the most highly educated in Latin America. Wages in
dollar terms have historically been competitive. Argentina has relatively high social
security charges and other labor taxes. As of the fourth quarter of 2014, the
unemployment rate was 6.9 percent according to official government statistics. The
Ministry of Labor, Employment, and Social Security estimated that 33.1 percent of the
urban workforce worked in the informal sector as of the third quarter of 2014, although
other private sector and civil society sources estimate that the number is higher (around
45 percent).
Organized labor plays an active role in labor-management relations and in the Argentine
political system. Standoffs between management and union activists do occur. Many
managers of foreign companies say that they have good relations with their unions.
While negotiations between unions and industry are largely market-driven, they
occasionally require mediation by the Ministry of Labor. Labor-related demonstrations in
Argentina remained high in 2014, with over 1,600 protests that ranged in size, taking
place between the months of January and October. Reasons for strikes include
complaints from disgruntled workers, unemployed, and other social groups’
demonstrations.
Argentine law affords unions the right to negotiate collective bargaining agreements and
offers recourse to mediation and arbitration. The Ministry of Labor ratifies collective
bargaining agreements, which covered roughly 75 percent of the formally employed
work force. There are no special laws or exemptions from regular labor laws in the
Foreign Trade Zones (FTZs).
Labor laws are usually protective of workers in Argentina. However, when employers
can show a true decrease or lack of activity in their sectors that do not derive from their
negligence or recklessness, employers can adjust employment by reducing the working
days or assigning employees to shiftwork. This provision is implemented only in
emergency situations, which cannot last longer than a month in a given year.
The Labor Ministry has different hotlines to report labor abuses and the Argentine
Superintendence of Labor Risks (Superintendencia de Riesgos del Trabajo – SRT)
monitors health and safety standards in all sort of operations. Nevertheless, unions also
play a key role in monitoring labor conditions, reporting abuses and filing complaints with
the proper authorities.
In 2014, Congress passed a law that reduced employers’ required contributions for small
businesses. This move came as part of the government’s effort to fight “under-the-table”
or unregistered workers. Also in 2014, Congress passed a law – the Supply Law –
against ‘business abuse” that entitles the executive branch to set earning margins and
prices during the different stages of the economic process.
Argentina has two types of tax-exempt trading areas: Free Trade Zones (FTZ), which
are found throughout the country; and the more comprehensive Special Customs Area
(SCA), which covers all of Tierra del Fuego Province.
Argentine law defines an FTZ as a territory outside the “general customs area” (GCA,
i.e., the rest of Argentina) where neither the inflows nor outflows of exported final
merchandise are subject to tariffs, non-tariff barriers, or other taxes on goods. Goods
produced within a FTZ generally cannot be shipped to the GCA unless they are capital
goods not produced in the rest of the country. The labor, sanitary, ecological, safety,
criminal, and financial regulations within FTZs are the same as those that prevail in the
GCA. Foreign firms receive national treatment in FTZs.
Under the current law, the GOA may create one FTZ per province, with certain
exceptions. More than one FTZ per province may be allowed in sparsely populated
border regions (although this provision has not been fully utilized). Thus far, the GOA
has permitted FTZs in many of the 23 Argentine provinces. The most active FTZ is in La
Plata, the capital of Buenos Aires Province.
Merchandise shipped from the GCA to a FTZ may receive export incentive benefits, if
applicable, only after the goods are exported from the FTZ to a third country destination.
Merchandise shipped from the GCA to a FTZ and later exported to another country is
not exempt from export taxes. Any value added in an FTZ or re-export from an FTZ is
exempt from export taxes.
Products manufactured in an SCA may enter the GCA free from taxes or tariffs. In
addition, the government may enact special regulations that exempt products shipped
through an SCA (but not manufactured therein) from all forms of taxation except excise
taxes. The SCA program provides benefits for established companies that meet specific
production and employment objectives. The SCA program applies only to Tierra del
Fuego Province and is scheduled to expire at the end of 2023. In late 2006, the
Economy Ministry through Resolution 776 abolished the export tax exemption enjoyed
by oil companies operating in Tierra del Fuego Province. The Argentine Congress
passed a law in November 2009 establishing value-added tax rates up to 21 percent on
cell phones, televisions, digital cameras and other electronic items not produced in the
southern Tierra del Fuego foreign trade zone. According to the government, the bill aims
to increase government revenue through higher tax collection, and encourage
investment in Tierra del Fuego to promote local manufacturing and job growth.
Argentina’s import restrictions are often the primary reason that foreign firms choose to
assemble electronic products in Argentina.
USG or
USG or international Source of
Foreign Direct Host Country international
data: BEA; IMF; Eurostat;
Investment Statistical source* statistical
UNCTAD, Other
source
U.S. FDI in 2013 N/A 2013 15,171 BEA data available 3/19/14 at
partner country http://bea.gov/international/direct_in
($M USD, stock vestment_multinational_companies_
positions) comprehensive_data.htm
Host country’s 2013 N/A 2013 119 BEA data available 3/19/14 at
FDI in the United http://bea.gov/international/direct_in
States ($M USD, vestment_multinational_companies_
stock positions) comprehensive_data.htm
Total inbound 2013 N/A 2013 1.68%
stock of FDI as
% host GDP
*Argentine Statistics Agency, www.indec.gob.ar. Difference between figures is due to
statistical corrections done by INDEC on a regular basis.
The IMF does not have recent direct investment data on Argentina. Argentina was
censured by the IMF in February 2013 for reporting unreliable economic data.
Economic Counselor
U.S. Embassy Buenos Aires
Avenida Colombia 4300
C1425GMN Buenos Aires, Argentina
+54-11-5777-4747
ECONBA@state.gov
Letters of credit (L/Cs) may be used to pay for U.S. exports to Argentina. A number of
banks in Argentina open letters of credit once the bank has approved a line of credit for
the Argentine importer. Multinationals, large and medium sized firms are still the main
users of L/Cs. However, to a lesser degree, small firms also use LCs..
Another payment option may be direct payment from Argentine importers’ overseas
bank accounts. Bank drafts and documentary collections are also of common use.
While they do help safeguard the U.S. exporter's title to goods until payment has been
received, all credit and country risk remains with the exporter. There is no obligation for
the bank to cover these risks. However, documentary collections are less costly than
letters of credit and, where the exporter is comfortable with these risks, they offer a
practical and efficient solution, particularly for Argentine subsidiaries of U.S. companies.
According to local sources, the majority of sales to Argentine importers are currently
taking place on open account. Small- and medium-sized Argentine companies in key
sectors continue to have liquidity, favoring technological upgrades in production lines. As
a result, open account sales generally take place between small- and medium-sized
firms. U.S. exporters should consider open account payment terms only if they have a
great deal of trust in the local importer and feel confident in the client's ability and
willingness to pay.
In Argentina, Law No. 21,526 of 1977 governs banking activities. Under this law,
Argentina’s Central Bank (BCRA) is the implementing authority and the regulatory body,
which issues standards and controls activities of financial institutions included in the law
(authorization and operating conditions within the banking industry; definition of
permitted, prohibited and limited transactions; monetary controls; meeting certain
operating ratios; information; accounting and control systems; dissolution and liquidation;
etc.). In order to operate in Argentina, foreign banks must register with the BCRA and
obtain appropriate authorization prior to engaging in banking activities in the country. In
addition, there are minimum capital requirements for these entities to be allowed to do
business.
Features of the Argentine Financial System
Classification:
• Commercial banks
o Government-owned: federal, provincial and municipal.
o Private local banks with Argentine capital: cooperative banks and non-
cooperative banks.
o Foreign banks: private local banks, and local branches of foreign banks.
• Investment banks
o Government-owned provincial banks.
o Local banks with foreign capital.
• Mortgage banks
• Development banks
• Savings banks
• Finance companies
• Savings and loan associations for building homes or other real estate property
• Credit associations
• Representative offices
Financial transactions are generally made in pesos (legal tender), U.S. dollars, and
government securities. The three segments making up Argentina's financial system are:
peso, foreign currency, and the liquid assets under management of all banks in the
financial system.
• Overdraft
• Promissory notes
• Discount of bills
• Mortgage loans
• Collateral loans
• Consumer loans
• Credit cards
• Demand deposits
• Certificates of deposit
• Common savings deposits
• Deposits in Argentine government securities
• Interbank transactions
• Swaps
• Bankers acceptances
• Spot exchange transactions
• Forward exchange transactions
In the late nineties, there were 120 banks operating in Argentina, whereas today there
are approximately 60, after the fallout from the 2002-2003 peso devaluation crisis.
However, the financial system is perceived to be healthier than it was in the last decade.
Most financial institutions in Argentina plan to continue expanding operations in order to
achieve greater financial margins.
Some public banks have improved management quality and, as a result, benefited from
a significant increase in deposits over the last few years. Banks currently enjoy higher-
quality client-portfolios than in the pre-crisis scenario. Better clients translate into lower
credit risk, and as the perception of risk decreases, credit is expected to gradually
become more accessible in the medium term.
The Argentine Central Bank is the regulatory body that approves foreign exchange
acquisition for import-related transactions. For advance payments, Argentine importers
must submit customs clearance documents, to include an approved Sworn Declaration
of Intention to Import, known by its acronym in Spanish as DJAIs (or “Declaración
Jurada Anticipada de Importación”) to their commercial bank within 360 days from
payment as proof that the goods have been approved to enter the market. If products
are brought into Argentina as a temporary import, importers must submit within 90 days
an interim-destination document for temporary import.
The Argentine government restricts the purchase of foreign currency, based on several
variables. Amounts of foreign exchange transactions may vary on a case-by-case
basis. Argentine companies can perform import payments in four different ways:
2) Sight payments: when the merchandise was already shipped and payment is
made against documents. The Argentine importer has 90 days from shipment
date to present to the commercial bank the clearance for Customs.
3) Credit payments: delayed payment. The commercial bank requests that the
Argentine importer presents the clearance to Customs to keep track of
merchandise imported, payments already made, and payments still due.
4) Anticipate the credit payment: delayed payment. The local buyer pays in full in
one single payment. The commercial bank requests that the Argentine importer
presents the clearance to Customs to keep track of merchandised imported and
all payments made.
Since 2002, Government of Argentina (GOA) regulations require that all exports be
assigned a value and that foreign exchange revenues be returned to Argentina. Thus,
barter transfers of goods between exporter and importer are not possible. While
bartering does not involve a sale per se, the GOA would still expect to see foreign
exchange remittance to the local bank based on the value of the goods exported.
U.S. Banks and Local Correspondent Banks Return to top
Citibank is the only U.S.-controlled bank operating in Argentina within the retail segment.
American Express Bank, Bank of America, Wachovia Bank, J.P. Morgan Chase, The
Bank of New York, and First International Bank are other U.S. banks with subsidiaries or
representatives in Buenos Aires.
Most Argentine banks maintain correspondent arrangements with U.S. banks. To obtain
a list of Argentine Commercial Banks with Offices in the U.S. or banks operating in
Argentina, please review the Argentina Government Portal:
http://www.argentina.gov.ar/argentina/portal/paginas.dhtml?pagina=246 or contact
Marcelo.Amden@trade.gov.
External lines of credit are likely to become available for Argentina, after the GOA
performs pending payments, as outlined by the referenced agreement, and credit risk
procedures are considered. Money inflows to the local market are primarily used to
finance Argentine export transactions. Local banks have stressed that the supplier-
importer relationship is key, and that the vast majority of financing options have been
reduced to financing offered by the foreign supplier. Nevertheless, there may be some
options available to support trade finance for U.S. exports to Argentina, as detailed
below.
As of this writing, the U.S. Export-Import Bank (Ex-Im) is closed for new transactions in
Argentina following its failure to settle with bond holdouts and the blockage of its external
bond payments by a New York court. No negotiations between bond holdouts and
Argentina are currently underway and many observers believe no settlement will be
reached until sometime in 2016. Please consult Ex-Im’s country limitation schedule from
time to time to see whether Exim has re-opened in Argentina. Bank officials express
optimism about Argentina and will continue to monitor the marketplace in order to
consider future provisions of export financing for U.S. goods and services.
Ex-Im Bank will consider structured financing arrangements such as some project
finance, asset-based aircraft leases, and other financing arrangements in key industries,
such as mining, that offer a reasonable assurance of repayment, including reliable
access to adequate foreign exchange supported by an irrevocable Letter of Credit
issued by a bank and/or due from a buyer located in a country where Ex-Im Bank is
open without restrictions. In addition, coverage under the Working Capital Guarantee
Program may be available for a transaction under the same rubric of payment being
assured from outside Argentina.
Visit the Ex-Im Internet site at http://www.exim.gov/ for 24-hour access to Ex-Im and its
programs, or call their toll free telephone number (800) 565-EXIM.
The Small Business Administration (SBA) has an Export Working Capital Program to
support small and medium-sized exporters. However, it is governed by the same
principles that currently prevent Exim from operating in Argentina.
For information about this program and to find your local SBA district office, call 1-800-U-
ASK-SBA or search the SBA web site at http://www.sba.gov/. The U.S. Export
Assistance Centers (USEAC) of the U.S. Department of Commerce can also provide
information on this program. For a list of USEACs call 1-800-USA-TRADE or go to
http://export.gov/usoffices/index.asp.
The Overseas Private Investment Corporation (OPIC) offers assistance to U.S. private
investors in the form of political risk insurance, as well as loans and loan guarantees for
their direct investment in Argentina. OPIC's main programs are:
OPIC is currently closed to new Argentine transactions. Please consult them in early
2016 to determine whether they have reopened.
Leasing
The passage of Leasing Law No. 25.248 in 2000 raised the stature of leasing as a
financing option. Leasing operations in Argentina currently account for USD $1.5 billion,
mostly of equipment leasing operations. Leasing activities increased approximately 57.2
percent in 2014 year-on-year. Industry experts anticipate that leasing will continue to
expand, and become a more popular financial instrument. According to Argentina’s
Leasing Association, financing through leasing for SMEs increased 74 percent in the
past three years and leasing to private individuals increased 200 leasing in the same
time period.. Leasing is mainly used in the transportation, logistics and automotive
sector, purchase of industrial equipment, construction machinery, agricultural machinery,
technology and telecommunications equipment and real estate. Some of the perceived
advantages of leasing entail: installments which are fully deductible from capital gains
taxes, no property taxes or taxes on interest, VAT applied proportionately on
installments rather than up front, and accelerated depreciation.
• Trade Finance Guide: A Quick Reference for U.S. Exporters, published by the
International Trade Administration’s Industry & Analysis team:
http://www.export.gov/tradefinanceguide/index.asp
• OPIC: http://www.opic.gov
• Business Customs
• Travel Advisory
• Visa Requirements
• Telecommunications
• Transportation
• Language
• Health
• Local Time, Business Hours and Holidays
• Temporary Entry of Materials and Personal Belongings
• Web Resources
Courtesy is very important, and efforts to rush a business deal are unlikely to meet with
success. No encounter starts with a business discussion. To establish trust, some time
spent discussing family members, sports, and social activities will be fundamental to the
development of a solid business relationship. It is important to shake hands with
everyone in the room upon arriving and leaving. Among Argentines, it is customary for
men to kiss women they meet for the first time on the right cheek. However, Americans
should shake hands with Argentine women, until a friendly relationship has been
established.
Contacts and introductions are important. Therefore, it is advisable to use the services
of the U.S. Commercial Service at the U.S. Embassy in Buenos Aires, or other
organizations such as the American Chamber of Commerce, industry associations, and
other intermediaries, rather than reliance on a direct "cold call" approach. The U.S.
Commercial Service in Argentina offers a complete package of services for the U.S.
businessperson to meet with potential business partners.
It is important that you be prompt to business meetings, though your Argentine contact
may be slightly late, and always have a pre-arranged appointment. Be sure to have an
ample supply of business cards. Although not essential, it is beneficial to have cards
printed in Spanish as well as English.
One cultural note is that it is better form not to say you are from "America." In Latin
America, the term "America" denotes both North and South America, not just the United
States. Therefore, it is better to call yourself a North American (norteamericano).
11/6/2015
Currency
The Argentine currency is the peso and is signified by the same symbol ($) as the U.S.
dollar. ATM machines are widely available in Buenos Aires, allowing travelers with a
variety of credit or debit cards to withdraw funds automatically in local currency.
Although usually accepted at most hotels, traveler’s checks are often refused by
business establishments and can be difficult or expensive to change at banks. At this
time for each dollar you will have the official rate and the “blue market” which is really a
“black market.”
It is important to consider that all Argentines have a 35 percent overall tax for all foreign
purchases, including travel services and airline tickets. Please note that you will be
required to pay for hotels, air travel, the buquebus, and other travel costs (excluding
local mass transit) with non-Argentine currency (normally hard currency such as dollars
and euros) or with a credit card not in Argentine currency.
Please consult the Department of State's Bureau of Consular Affairs web site for
general travel information and the site's section on Travel Warnings for country-specific
information: http://travel.state.gov/content/passports/english/country/argentina.html.
Visas are not required for U.S. citizens traveling to Argentina for up to 90 days of tourism
or business, except holders of U.S. Diplomatic and Official passports. However, the
Argentine government implemented a reciprocal Visa Fee on all foreign nationals whose
governments require visas of Argentines. For U.S. citizens, this fee is $160.00 and the
visa is valid for ten years and multiple entries into Argentina. This fee must be paid
online prior to traveling to Argentina and the traveler must print and carry the payment
confirmation to present at the airport upon arrival in Argentina. Cash payments are NOT
accepted at the airport once the traveler has arrived in Argentina. To pay the reciprocity
fee online, go to http://www.provinciapagos.com.ar/dnm/ and complete the form. Click
on “Acceder” in the lower right corner and on the page that opens, click on the U.S. flag
for the English version of the form. Within one business day, you will receive an email
confirmation that your Reciprocity Fee has been paid. Print this receipt and present at
the airport upon your arrival in Argentina. The reciprocity fee is good for 10 years as
long as you show a stamp in a passport showing prior entrance to Argentina following
payment of the fee.
For additional time in Argentina, visitors may request an extension of stay up to 90 days
from the Argentine Immigration Service at:
Argentine citizens traveling to the United States for any purpose require a U.S. visa. For
more information on U.S. visa application procedures, visit
http://argentina.usembassy.gov/nonimmigrant_visas.html.
Argentine immigration law provides for the following temporary and permanent resident
categories and conditions:
There are special immigration provisions for some foreign professional, scientific, or
technical research personnel hired abroad to render services in Argentina for a
maximum of two years. The individual must not be a resident in Argentina and must be
covered for contingencies such as old age, disability, or death by the law of their own
country.
U.S. companies that require travel of foreign businesspersons to the United States
should be advised that security evaluations are handled via an interagency process.
Visa applicants should go to the following links.
Telephone service, both international and local is adequate, with several providers such
as Telecom, Telefónica, Claro, Nextel and Movistar, among others, offering service. At
the time of this writing no 4G service was available, though at least one company
advertises its availability. Visitors should be aware that the telecommunications system
is currently saturated. Many calls are dropped or cannot be connected, and data
coverage is spotty on smart phones. New investments are expected within the next
year. There is also a wide range of cable television channels available, including CNN
International, CNN en Español, FOX, WB, Sony, MTV, and channels from Brazil, Chile,
Mexico, France, Germany, Italy, and elsewhere.
Electric Current
The electric current in Argentina is AC 220 volts, 50 cycles in the case of one phase; AC
380 volts, 50 cycles for three phase. Electric plug configurations are usually 2-3 flat pins
with the top two slightly angled to form a "Y" shape or two round-tipped straight pins.
Most hotels that cater to businesspeople have installed U.S.-standard outlets in their
guest rooms.
U.S. carriers flying to Argentina include American Airlines, Delta Air Lines and United.
The primary gateways are Atlanta, Dallas, Houston, Miami, and New York. The
Argentine carrier, Aerolineas Argentinas, also flies between the United States and
Argentina. Many other airlines connect through third countries. Also, in-country travel,
and travel between Argentina and other South American countries, is widely available
from a variety of Argentine and foreign carriers. Two main airports serve Buenos Aires:
Aeroparque Jorge Newbery, which is located near downtown serving domestic flights
and some regional flights to Brazil, Uruguay, and Paraguay; and Ezeiza International
Airport, which is a 45-minute drive from Buenos Aires, serving all other international
flights, including those from the United States.
Taxis are plentiful and fares are reasonable, and are generally the most effective way of
moving around Buenos Aires. A widely available private car service, called "remis", is
also available and is the recommended method of travel from Ezeiza International
Airport into Buenos Aires. Remis services have counters at the airport. For security
reasons, the U.S. Embassy in Buenos Aires recommends that travelers use either
remises or radio taxis, rather than hailing taxis on the street.
Travel in Argentina can be accomplished by train, bus, or car, although air travel is
recommended for many trips to key cities in the provinces due to large distances.
Automobile rental is available throughout the country, although it is quite expensive
compared to U.S. rental costs. Travelers should be aware that Argentina has a high rate
of auto accidents, and driving is not recommended for short visits.
Language Return to top
Almost all business in Argentina is transacted in Spanish, and all documents and
records must be in that language to constitute valid evidence. Business documents in a
foreign language should be translated by a certified public translator to be presented for
legal purposes to Argentine authorities. A list of certified public translators is available
upon request from the U.S. Commercial Service in Argentina
(Office.BuenosAires@trade.gov).
Buenos Aires has no particular health risks and no special precautions need to be taken.
Sanitary conditions are good and tap water is safe to drink. Many competent doctors,
dentists, and specialists are available in Buenos Aires. It should be noted, however, that
import restrictions have reduced the local availability of some medicines and medical
equipment. It is advisable to carry any critical medications. Outside of Buenos Aires or
other major cities, basic precautions, such as drinking bottled water, are recommended.
Prior to travelling to Argentina, it is advisable to consult with your medical professional
and review the Department of State's Bureau of Consular Affairs web site for general
travel information: http://travel.state.gov/content/passports/english/go/health.html.
Argentina is three hours behind Greenwich Mean Time (UTC). Argentina is + 1 hour U.S.
Eastern Daylight Time (Summer Time) and +2 hours Eastern Standard Time (Winter).
The 24-hour system is used rather than the 12-hour a.m./p.m. system. There is only one
time zone for all of Argentina. Click here for the current time in Argentina.
Business office hours are Monday through Friday from 9.00 a.m. to 6.00 p.m. (two hours
earlier for factories) with a one-hour lunch break. Work luncheons are frequent for
business people and they generally extend from 1.00 to 3.00 p.m. Business dinners,
and dinners in general, begin at 9.00 p.m. Most retail stores are open from 9.00/10.00
a.m. to between 6.00 and 9.00 p.m., Monday through Saturday. Banks are open to the
public from Monday through Friday from 10.00 a.m. to 3.00 p.m.
Since Argentina is in the Southern Hemisphere, its seasons are the reverse of those in
the Northern Hemisphere. Summer in the United States is winter in Argentina, and vice
versa. School summer vacations take place from approximately Christmas to March,
instead of June through August, and there is a two-week winter school vacation in July.
It is often difficult to conduct business in Argentina in January and February, since most
businesses are either closed or working on a limited schedule. Ask your business
contacts when it is best to come, and plan travel times and clothing accordingly.
Summer, which occurs from December through March, is hot and humid in Buenos
Aires. The coldest months are July and August (winter), with temperatures between the
30s and 50s.
Holidays
• Contacts
• Market Research
• Trade Events
Mailing Address:
U.S. Commercial Service
U.S. Embassy Buenos Aires
3130 Buenos Aires PL
Washington, D.C. 20521-3130
Phone: (54-11) 5777-4753
Fax: (54-11) 5777-4203
E-mail: Office.BuenosAires@trade.gov
Internet: http://export.gov/argentina/
Note: If at any time you are unable to reach a Sector Specialist, please call the Buenos
Aires Commercial Service main number (54-11) 5777-4753 or send an email to
Office.BuenosAires@trade.gov for assistance.
ASOCIACION DE IMPORTADORES
Y EXPORTADORES DE LA REPUBLICA ARGENTINA (AIERA)
(Association of Argentine Importers and Exporters)
Mr. Juan Carlos Pereyra, President
Mr. Adriano De Fina, Manager
Phone: (54-11) 4342-0010
E-mail: aiera@aiera.org.ar
Internet: http://www.aiera.org/
Country Banks
To obtain a list of banks operating in Argentina or Argentine Commercial Banks with
Offices in the U.S, please contact Marcelo.Amden@trade.gov.
CITIBANK S.A.
Mr. Gabriel Ribisich, President
Bartolome Mitre 530
C1036AAJ Buenos Aires
Phone: (54-11) 4329-1491/1000
Internet: https://www.argentina.citibank.com/
Consultants
Technical Telecommunications Consultants
A list of technical telecommunications consultants in Argentina is available upon request
to the following e-mail address: Marina.Millet@trade.gov.
Airline Companies
A list of airlines operating in Argentina can be obtained by visiting the following web site:
http://www.aa2000.com.ar/ip_la_internacionales.aspx or contact:
Diana.Brandon@trade.gov.
Couriers
Hotels in Argentina
For information on hotels in Argentina, please contact Diana.Brandon@trade.gov.
Market Research Return to top
To view market research reports produced by the U.S. Commercial Service please go to
the following website: http://www.export.gov/mrktresearch/index.asp and click on
Country and Industry Market Reports.
Please note that these reports are only available to U.S. citizens and U.S. companies.
Registration to the site is required, and is free.
Please click on the link below for information on upcoming trade events.
http://www.export.gov/tradeevents/index.asp
Please click on the link below for information on upcoming trade events sponsored by
the U.S. Commercial Service in Argentina.
http://export.gov/argentina/tradeevents/index.asp
• SelectUSA
• National Export Initiative
SelectUSA was created by President Obama in June 2011 through Executive Order
13577, as the U.S. government-wide program to promote and facilitate business
investment into the United States, including foreign direct investment (FDI) and
reshoring.
The program is housed within the Commerce Department and coordinates investment-
related resources across more than 20 federal agencies through the Interagency
Investment Working Group (IIWG).
SelectUSA provides services to two types of clients: investors and U.S. economic
development organizations at the state and local level. Services include:
Information Assistance
• SelectUSA provides information to investors on the benefits of establishing
operations in the United States, as well as the information needed to move
investments forward. Investors can access facts, data and local contacts for the
U.S. market.
• SelectUSA also works closely with state, local and regional economic developers
to provide counseling on strategy, best practices, and on-the-ground intelligence
from the Foreign Commercial Service network across more than 70 foreign
markets.
Ombudsman Services
SelectUSA coordinates federal agencies to address investor concerns relating to a wide
range of federal regulatory issues – helping them to navigate an unfamiliar system.
Investment Advocacy
U.S. state and local governments often find themselves competing with a foreign
location for a project. SelectUSA can coordinate senior U.S. government officials to
advocate to the investor to bring those jobs to the United States.
Promotional Platform
SelectUSA brings the power of the “USA” brand to high-profile events, such as, such as
the upcoming 2015 Investment Summit, to attract investors to learn about our nation’s
investment opportunities. SelectUSA organizes international Road Shows and missions
to trade fairs, while also offering tailored on-the-ground assistance in more than 70
markets.
11/6/2015
Note: SelectUSA exercises strict geographic neutrality, and represents the entire United
States. The program does not promote one U.S. location over another U.S. location.
For more information on SelectUSA and services provided for investors and economic
development organizations please click on the following link:
http://selectusa.commerce.gov/.
The U.S. Commercial Service offers customized solutions to help U.S. exporters,
particularly small and medium sized businesses, successfully expand exports to new
markets. Our global network of trade specialists will work one-on-one with you through
every step of the exporting process, helping you to:
• Meet the best distributors and agents for your products and services
• Gain access to the full range of U.S. government trade promotion agencies and
their services, including export training and potential trade financing sources
To learn more about the Federal Government’s trade promotion resources for new and
experienced exporters, please click on the following link: www.export.gov
For more information on the services the U.S. Commercial Service offers to U.S.
exporters, please click on the following link:
http://export.gov/argentina/servicesforu.s.companies/index.asp.
To the best of our knowledge, the information contained in this report is accurate as of the date
published. However, The Department of Commerce does not take responsibility for actions
readers may take based on the information contained herein. Readers should always conduct
their own due diligence before entering into business ventures or other commercial
arrangements. The Department of Commerce can assist companies in these endeavors.